---
kind: "section"
citation: "42 C.F.R. § 423.2128"
title: "42"
number: "423.2128"
heading: "Action of the Council."
url: "https://uscodex.org/cfr/42/423.2128"
---

# §423.2128. Action of the Council.

- (a) After it has reviewed all the evidence in the administrative record and any additional evidence received, subject to the limitations on Council consideration of additional evidence in [§ 423.2122](/cfr/42/423.2122.md), the Council will make a decision or remand the case to an ALJ or attorney adjudicator.
- (b) The Council may adopt, modify, or reverse the ALJ or attorney adjudicator decision or recommended decision.
- (c) The Council mails a copy of its decision to the enrollee at his or her last known address, to CMS, to the IRE, and to the Part D plan sponsor.

## Notes

### Amendments

[74 FR 65363, Dec. 9, 2009, as amended at 82 FR 5139, 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 5139, Jan. 17, 2017]