---
kind: "section"
citation: "42 C.F.R. § 423.668"
title: "42"
number: "423.668"
heading: "Reopening of a contract determination or decision of a hearing officer or the Administrator."
url: "https://uscodex.org/cfr/42/423.668"
---

# §423.668. Reopening of a contract determination or decision of a hearing officer or the Administrator.

- (a) CMS may reopen and revise an initial determination upon its own motion.
- (b) **Contract determination.** A decision of a hearing officer that is unfavorable to any party and is otherwise final may be reopened and revised by the hearing officer upon the officer's own motion within 1 year of the notice of the hearing decision. Another hearing officer designated by CMS may reopen and revise the decision if the hearing officer who issued the decision is unavailable.
- (c) **Decision of Administrator.** A decision by the Administrator that is otherwise final may be reopened and revised by the Administrator upon the Administrator's own motion within 1 year of the notice of the Administrator's decision.
- (d) **Notices.**
  - (1) **The notice of reopening and of any revisions following the reopening is mailed to the parties.**
  - (2) **The notice of revision specifies the reasons for revisions.**

## Notes

### Amendments

[70 FR 4525, Jan. 28, 2005, as amended at 72 FR 68734, Dec. 5, 2007; 75 FR 19824, Apr. 15, 2010]

### 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

[70 FR 4525, Jan. 28, 2005, as amended at 72 FR 68734, Dec. 5, 2007; 75 FR 19824, Apr. 15, 2010]