§422.1086. Effect of Departmental Appeals Board Decision.
42 C.F.R. § 422.1086
General rule. The Board's decision is binding unless—
The affected party has a right to judicial review and timely files a civil action in a United States District Court or, in the case of a civil money penalty, in a United States Court of Appeals; or
The Board reopens and revises its decision in accordance with 422.862.
Right to judicial review. Section 422.1006 specifies the circumstances under which an affected party has a right to seek judicial review.
Special Rules— Civil Money Penalty—Finality of Board's decision. When CMS imposes a civil money penalty, notice of the Board's decision (or denial of review) is the final administrative action that initiates the 60-day period for seeking judicial review.
Notes, amendments, and revision history
Source
Source: 72 FR 68726, Dec. 5, 2007, unless otherwise noted.
Authority
Authority: 42 U.S.C. 1302, 1306, 1395w-21 through 1395w-28, and 1395hh.
Source
Source: 63 FR 18134, Apr. 14, 1998, unless otherwise noted.