---
kind: "section"
citation: "42 C.F.R. § 423.1982"
title: "42"
number: "423.1982"
heading: "Notice of a revised determination or decision."
url: "https://uscodex.org/cfr/42/423.1982"
---

# §423.1982. Notice of a revised determination or decision.

- (a) **When adjudicators initiate reopenings.** When any determination or decision is reopened and revised as provided in [§ 423.1980](/cfr/42/423.1980.md):
  - (1) The Part D plan sponsor, IRE, ALJ or attorney adjudicator, or the Council must mail its revised determination or decision to the enrollee at his or her last known address.
  - (2) The IRE, ALJ or attorney adjudicator, or the Council must mail its revised determination or decision to the Part D plan sponsor.
  - (3) An adverse revised determination or decision must state the rationale and basis for the reopening and revision and any right to appeal.
- (b) **Reopenings initiated at the request of an enrollee or a Part D plan sponsor.**
  - (1) The Part D plan sponsor, IRE, ALJ or attorney adjudicator, or the Council must mail its revised determination or decision to the enrollee at his or her last known address.
  - (2) The IRE, ALJ or attorney adjudicator or the Council must mail its revised determination or decision to the Part D plan sponsor.
  - (3) An adverse revised determination or decision must state the rationale and basis for the reopening and revision and any right to appeal.

## Notes

### Amendments

[74 FR 65363, Dec. 9, 2009, as amended at 82 FR 5126, Jan. 17, 2017]

### Source

Source: 74 FR 65363, Dec. 9, 2009, 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.

### Amendments

[74 FR 65363, Dec. 9, 2009, as amended at 82 FR 5126, Jan. 17, 2017]