---
kind: "section"
citation: "45 C.F.R. § 155.525"
title: "45"
number: "155.525"
heading: "Eligibility pending appeal."
url: "https://uscodex.org/cfr/45/155.525"
---

# §155.525. Eligibility pending appeal.

- (a) **General standards.** After receipt of a valid appeal request or notice under [§ 155.520(d)(1)(ii)](/cfr/45/155.520.md?p=d-1-ii) that concerns an appeal of a redetermination under [§ 155.330(e)](/cfr/45/155.330.md?p=e) or [§ 155.335(h)](/cfr/45/155.335.md?p=h), the Exchange or the Medicaid or CHIP agency, as applicable, must continue to consider the appellant eligible while the appeal is pending in accordance with standards set forth in [paragraph (b)](#b) of this section or as determined by the Medicaid or CHIP agency consistent with 42 CFR parts [435](/cfr/42/part435.md) and [457](/cfr/42/part457.md), as applicable.
- (b) **Implementation.** If the tax filer or appellant, as applicable, accepts eligibility pending an appeal, the Exchange must continue the appellant's eligibility for enrollment in a QHP, advance payments of the premium tax credit, and cost-sharing reductions, as applicable, in accordance with the level of eligibility immediately before the redetermination being appealed.

## Notes

### Source

Source: 78 FR 54136, Aug. 30, 2013, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 18021-18024, 18031-18033, 18041-18042, 18051, 18054, 18071, and 18081-18083.

### Source

Source: 77 FR 11718, Feb. 27, 2012, unless otherwise noted.