---
kind: "range"
citation: "20 C.F.R. §§ 418.1340–418.1355"
title: "20"
from: "418.1340"
to: "418.1355"
count: 4
url: "https://uscodex.org/cfr/20/418.1340..418.1355"
---

# §418.1340. What are the rules for our administrative review process?


To the extent that they are not inconsistent with the rules in this subpart for making initial determinations and reconsidered determinations, we will use the same rules for the administrative review process that we use for determinations and decisions about your rights regarding non-medical issues under title II of the Act, as described in [subpart J of part 404](/cfr/20/part404-subpartJ.md) of this chapter. We will accept oral requests as well as the written requests required in [subpart J of part 404](/cfr/20/part404-subpartJ.md) of this chapter for requesting administrative review of our determination. If you are dissatisfied with our reconsidered determination, you may request review in accordance with [§ 418.1350](/cfr/20/418.1350.md) for this subpart. A request for a new initial determination, described in [§ 418.1310](/cfr/20/418.1310.md), is not the same as a request for reconsideration or further administrative review.


# §418.1345. Is reopening of an initial or reconsidered determination made by us ever appropriate?


We may reopen an initial or reconsidered determination made by us when the conditions for reopening are met as described in [§ 404.988](/cfr/20/404.988.md) of this chapter. We will use the rules in [§§ 404.987 through 404.991a](/cfr/20/404.987..404.991a.md) of this chapter when we reopen determinations made by us.


# §418.1350. What are the rules for review of a reconsidered determination or an administrative law judge decision?


You may request a hearing before an OMHA administrative law judge consistent with HHS' regulations at [42 CFR part 405](/cfr/42/part405.md). You may seek further review of the administrative law judge's decision by requesting MAC review and judicial review in accordance with HHS' regulations.


# §418.1355. What are the rules for reopening a decision by an administrative law judge of the Office of Medicare Hearings and Appeals (OMHA) or by the Medicare Appeals Council (MAC)?


The rules in [42 CFR 405.980 through 405.986](/cfr/42/405.980..405.986.md) govern reopenings of decisions by an administrative law judge of the OMHA and decisions by the MAC. A decision by an administrative law judge of the OMHA may be reopened by the administrative law judge or by the MAC. A decision by the MAC may be reopened only by the MAC.