---
kind: "section"
citation: "42 C.F.R. § 412.262"
title: "42"
number: "412.262"
heading: "Disqualification of an MGCRB member."
url: "https://uscodex.org/cfr/42/412.262"
---

# §412.262. Disqualification of an MGCRB member.

- (a) **Grounds for disqualification.** An MGCRB member may not participate in any decision in a case in which he or she may be prejudiced or partial with respect to a party or has any other interest in the case.
- (b) **Request for disqualification.** If a party believes that an MGCRB member should not participate in a decision, the party submits the objection in writing to the MGCRB at its earliest opportunity, explaining the grounds for the request. CMS may also submit such a suggestion to the MGCRB.
- (c) **Consideration by the MGCRB member.** The MGCRB member will consider the objection and, at his or her discretion, either will proceed or withdraw.
- (d) **Consideration by the MGCRB—** If the member does not withdraw, a party may petition the MGCRB for withdrawal and the MGCRB will consider the objection and rule on whether the member may participate in the decision before it decides the case.

## Notes

### Source

Source: 55 FR 36766, Sept. 6, 1990, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302 and 1395hh.

### Source

Source: 50 FR 12741, Mar. 29, 1985, unless otherwise noted.