---
kind: "section"
citation: "42 C.F.R. § 421.128"
title: "42"
number: "421.128"
heading: "Intermediary's opportunity for hearing and right to judicial review."
url: "https://uscodex.org/cfr/42/421.128"
---

# §421.128. Intermediary's opportunity for hearing and right to judicial review.

- (a) **Basis for appeal.** An intermediary adversely affected by any of the following actions shall be granted an opportunity for a hearing:
  - (1) **Assignment or reassignment of providers to another intermediary.**
  - (2) **Designation of a national or regional intermediary to serve a class of providers.**
  - (3) **Termination of the agreement.**
- (b) **Request for hearing.** The intermediary shall file the request with CMS within 20 days from the date on the notice of intended action.
- (c) **Hearing procedures.** The hearing officer shall be a representative of the Secretary and not otherwise a party to the initial administrative decision. The intermediary may be represented by counsel and may present evidence and examine witnesses. A complete recording of the proceedings at the hearing will be made and transcribed.
- (d) **Judicial review.** An adverse hearing decision concerning action under paragraph [(a)(1)](#a-1) or [(a)(2)](#a-2) of this section is subject to judicial review in accordance with 5 U.S.C. chapter 7.
- (e) As specified in [§ 421.118](/cfr/42/421.118.md), contracts awarded under the experimental authority of CMS are not subject to the provisions of this section.
- (f) **Exception.** An intermediary adversely affected by the designation of a regional intermediary or an alternative regional intermediary for HHAs, or an intermediary for hospices, under [§ 421.117](/cfr/42/421.117.md) of this subpart is not entitled to a hearing or judicial review concerning adverse effects caused by the designation of an intermediary.

## Notes

### Amendments

[45 FR 42179, June 23, 1980, as amended at 47 FR 38540, Sept. 1, 1982; 49 FR 3660, Jan. 30, 1984; 53 FR 17945, May 19, 1988]

### Authority

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

### Source

Source: 45 FR 42179, June 23, 1980, unless otherwise noted.

### Amendments

[45 FR 42179, June 23, 1980, as amended at 47 FR 38540, Sept. 1, 1982; 49 FR 3660, Jan. 30, 1984; 53 FR 17945, May 19, 1988]