§423.1086. Effect of Departmental Appeals Board Decision.
42 C.F.R. § 423.1086
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 423.1092.
Right to judicial review. Section 423.1006 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-calendar day period for seeking judicial review.
Notes, amendments, and revision history
Source
Source: 72 FR 68736, Dec. 5, 2007, unless otherwise noted.
Authority
Authority: 42 U.S.C. 1302, 1306, 1395w-101 through 1395w-152, and 1395hh.
Source
Source: 70 FR 4525, Jan. 28, 2005, unless otherwise noted.