§422.612. Judicial review.
42 C.F.R. § 422.612
Review of ALJ's or attorney adjudicator's decision. Any party, including the MA organization, may request judicial review (upon notifying the other parties) of an ALJ's or attorney adjudicator's decision if—
The Council denied the party's request for review; and
The amount in controversy meets the threshold requirement established annually by the Secretary.
Review of Council decision. Any party, including the MA organization, may request judicial review (upon notifying the other parties) of the Council decision if it is the final decision of CMS and the amount in controversy meets the threshold established in paragraph (a)(2) of this section.
How to request judicial review. In order to request judicial review, a party must file a civil action in a district court of the United States in accordance with section 205(g) of the Act. See part 405 of this chapter for a description of the procedures to follow in requesting judicial review.
Notes, amendments, and revision history
Amendments
[63 FR 35107, June 26, 1998; 63 FR 52614, Oct. 1, 1998, as amended at 65 FR 40331, June 29, 2000; 70 FR 4740, Jan. 28, 2005; 82 FR 5125, Jan. 17, 2017]
Source
Source: 63 FR 35107, June 26, 1998, 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.
Amendments
[63 FR 35107, June 26, 1998; 63 FR 52614, Oct. 1, 1998, as amended at 65 FR 40331, June 29, 2000; 70 FR 4740, Jan. 28, 2005; 82 FR 5125, Jan. 17, 2017]