C.F.R. » Title 42 » CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER A—GENERAL PROVISIONS › PART 401—GENERAL ADMINISTRATIVE REQUIREMENTS › Subpart B—Confidentiality and Disclosure

42 C.F.R. § 401.108

CMS rulings

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(a) After September 1981, a precedent final opinion or order or a statement of policy or interpretation that has not been published in the Federal Register as a part of a regulation or of a notice implementing regulations, but which has been adopted by CMS as having precedent, may be published in the Federal Register as a CMS Ruling and will be made available in the publication entitled CMS Rulings.

(b) Precedent final opinions and orders and statements of policy and interpretation that were adopted by CMS before October, 1981, and that have not been published in the Federal Register are available in CMS Rulings.

(c) CMS Rulings are published under the authority of the Administrator, CMS. They are binding on all CMS components, on all HHS components that adjudicate matters under the jurisdiction of CMS, and on the Social Security Administration to the extent that components of the Social Security Administration adjudicate matters under the jurisdiction of CMS.

[48 FR 22924, May 23, 1983, as amended at 70 FR 11472, Mar. 8, 2005; 70 FR 37702, June 30, 2005]
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1989–2023 · leading case: Willowood of Great Barrington, Inc. v. Sebelius, 638 F. Supp. 2d 98 (D. Mass. 2009).
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Willowood of Great Barrington, Inc. v. Sebelius, 638 F. Supp. 2d 98 (D. Mass. 2009). · cites it 2× “42 C.F.R. § 401.108 . Such regulations and administrative rulings are binding at all stages of the administrative process.”
Wilkins v. Sullivan, 889 F.2d 135 (7th Cir. 1989). “Nonetheless, the Secretary did not relinquish his authority to interpret the Medicare statutes; he retained the authority to promulgate final orders that are binding on all HCFA decision-makers.”
United States v. Royal Geropsychiatric Servs., Inc., 8 F. Supp. 2d 690 (N.D. Ohio 1998). “Citing 42 C.F.R. § 401.108 . 11 . The Tucker Act in § 1346(a)(2) gives district courts concurrent jurisdiction with the United States Court of Federal Claims over certain civil actions against the United States involving less than $10,000.”
Lewis v. Azar (D.D.C. 2023). “]” 42 C.F.R. § 401.108 (a). These rulings are “binding on all CMS components[ and] on all [United States Department of Health and Human Services] components that adjudicate matters under the jurisdiction of CMS[.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.