---
kind: "section"
citation: "42 C.F.R. § 478.46"
title: "42"
number: "478.46"
heading: "Medicare Appeals Council and judicial review."
url: "https://uscodex.org/cfr/42/478.46"
---

# §478.46. Medicare Appeals Council and judicial review.

- (a) The circumstances under which the Medicare Appeals Council (Council) will review an ALJ's or attorney adjudicator's decision or dismissal are the same as those set forth at [§§ 405.1102](/cfr/42/405.1102.md) (“Request for Council review when ALJ or attorney adjudicator issues decision or dismissal”) and 405.1110 (“Council reviews on its own motion”) of this chapter.
- (b) If $2,000 or more is in controversy, a party may obtain judicial review of a Council decision, or an ALJ's or attorney adjudicator's decision if a request for review by the Council was denied, by filing a civil action under the Federal Rules of Civil Procedure within 60 days after the date the party received notice of the Council decision or denial.

## Notes

### Amendments

[82 FR 5140, Jan. 17, 2017]

### Source

Source: 50 FR 15372, Apr. 17, 1985, unless otherwise noted. Redesignated at 64 FR 66279, Nov. 24, 1999.

### Authority

Authority: Secs. 1102 and 1871 of the Social Security Act (42 U.S.C. 1302 and 1395hh).

### Amendments

[82 FR 5140, Jan. 17, 2017]