---
kind: "section"
citation: "42 C.F.R. § 498.90"
title: "42"
number: "498.90"
heading: "Effect of Departmental Appeals Board decision."
url: "https://uscodex.org/cfr/42/498.90"
---

# §498.90. Effect of Departmental Appeals Board decision.

- (a) **General rule.** The Board's decision is binding unless—
  - (1) 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
  - (2) The Board reopens and revises its decision in accordance with [§ 498.102](/cfr/42/498.102.md).
- (b) **Right to judicial review.** [Section 498.5](/cfr/42/498.5.md) specifies the circumstances under which an affected party has a right to seek judicial review.
- (c) **Special rules: Civil money penalty—**
  - (1) **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.
  - (2) **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](/cfr/42/part488-subpartF.md) of this chapter.

## Notes

### 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]