---
kind: "section"
citation: "42 C.F.R. § 498.102"
title: "42"
number: "498.102"
heading: "Revision of reopened decision."
url: "https://uscodex.org/cfr/42/498.102"
---

# §498.102. Revision of reopened decision.

- (a) **Revision based on new evidence.** If a reopened decision is to be revised on the basis of new evidence that was not included in the record of that decision, the ALJ or the Departmental Appeals Board—
  - (1) Notifies the parties of the proposed revision; and
  - (2) Unless the parties waive their right to hearing or appearance—
    - (i) Grants a hearing in the case of an ALJ revision; and
    - (ii) **Grants opportunity to appear in the case of a Board revision.**
- (b) **Basis for revised decision and right to review.**
  - (1) If a revised decision is necessary, the ALJ or the Departmental Appeals Board, as appropriate, renders it on the basis of the entire record.
  - (2) If the decision is revised by an ALJ, the Departmental Appeals Board may review that revised decision at the request of either party or on its own motion.

## Notes

### Authority

Authority: 42 U.S.C. 1302, 1320a-7j, and 1395hh.

### Source

Source: 52 FR 22446, June 12, 1987, unless otherwise noted.