---
kind: "section"
citation: "42 C.F.R. § 405.450"
title: "42"
number: "405.450"
heading: "Appeals."
url: "https://uscodex.org/cfr/42/405.450"
---

# §405.450. Appeals.

- (a) A determination by CMS that a physician or practitioner has failed to properly opt out, failed to maintain opt-out, failed to timely renew opt-out, failed to privately contract, failed to properly terminate opt-out, or failed to properly cancel opt-out is an initial determination for purposes of [§ 498.3(b)](/cfr/42/498.3.md?p=b) of this chapter.
- (b) A determination by CMS that no payment can be made to a beneficiary for the services of a physician who has opted-out is an initial determination for purposes of [§ 405.924](/cfr/42/405.924.md).

## Notes

### Amendments

[63 FR 58901, Nov. 2, 1998, as amended at 79 FR 68001, Nov. 13, 2014; 80 FR 71371, Nov. 16, 2015]

### Authority

Authority: Secs. 1102, 1802, and 1871 of the Social Security Act (42 U.S.C. 1302, 1395a, and 1395hh).

### Source

Source: 63 FR 58901, Nov. 2, 1998, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 263a, 405(a), 1302, 1320b-12, 1395x, 1395y(a), 1395ff, 1395hh, 1395kk, 1395rr, and 1395ww(k).

### Amendments

[63 FR 58901, Nov. 2, 1998, as amended at 79 FR 68001, Nov. 13, 2014; 80 FR 71371, Nov. 16, 2015]