---
kind: "section"
citation: "42 C.F.R. § 423.652"
title: "42"
number: "423.652"
heading: "Postponement of effective date of a contract determination when a request for a hearing is filed timely."
url: "https://uscodex.org/cfr/42/423.652"
---

# §423.652. Postponement of effective date of a contract determination when a request for a hearing is filed timely.

- (a) **Hearing.** When a request for a hearing is timely filed, CMS will postpone the proposed effective date of the contract determination listed at 423.641 until a hearing decision is reached and affirmed by the Administrator following review pursuant to 423.666 in instances where a Part D sponsor or CMS requests Administrator review and the Administrator accepts the matter for review.
- (b) **Exceptions—**
  - (1) If a final decision is not reached on CMS' determination for an initial contract by September 1, CMS will not enter into a contract with the applicant for the following year.
  - (2) A contract terminated in accordance with [§ 423.509(b)(2)(i)](/cfr/42/423.509.md?p=b-2-i) of this part will be terminated on the date specified by CMS and will not be postponed if a hearing is requested.

## Notes

### Amendments

[72 FR 68734, Dec. 5, 2007, as amended at 75 FR 19824, Apr. 15, 2010; 83 FR 16753, Apr. 16, 2018]

### 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

[72 FR 68734, Dec. 5, 2007, as amended at 75 FR 19824, Apr. 15, 2010; 83 FR 16753, Apr. 16, 2018]