§498.90. Effect of Departmental Appeals Board decision.
42 C.F.R. § 498.90
General rule. The Board's decision is binding unless—
The affected party has a right to judicial review and timely files a civil action in a United States District Court or, in the case of a civil money penalty, in a United States Court of Appeals; or
The Board reopens and revises its decision in accordance with § 498.102.
Right to judicial review. Section 498.5 specifies the circumstances under which an affected party has a right to seek judicial review.
Special rules: Civil money penalty—
Finality of Board's decision. When CMS imposes a civil money penalty, notice of the Board's decision (or denial of review) is the final administrative action that initiates the 60-day period for seeking judicial review.
Timing for collection of civil money penalty. For SNFs and NFs, the rules that apply are those set forth in subpart F of part 488 of this chapter.
Notes, amendments, and revision history
Amendments
[61 FR 32351, June 24, 1996]
Authority
Authority: 42 U.S.C. 1302, 1320a-7j, and 1395hh.
Source
Source: 52 FR 22446, June 12, 1987, unless otherwise noted.
Amendments
[61 FR 32351, June 24, 1996]