C.F.R. » Title 42 » CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER A—GENERAL PROVISIONS › PART 402—CIVIL MONEY PENALTIES, ASSESSMENTS, AND EXCLUSIONS › Subpart A—General Provisions

42 C.F.R. § 402.19

Hearings and appeals

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The hearings and appeals procedures set forth in part 1005 of chapter V of this title are available to any person that receives an adverse determination under this part. For an appeal of a civil money penalty, assessment, or exclusion imposed under this part, either CMS or OIG may represent the government in the hearing and appeals process.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2012–2022 · leading case: Illinois Ins. Guar. F v. Xavier Becerra, 33 F.4th 916 (7th Cir. 2022).
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Illinois Ins. Guar. F v. Xavier Becerra, 33 F.4th 916 (7th Cir. 2022). “at 8795–96, citing 42 C.F.R. §§ 402.19 , 1005.1–.23. CMS also said that the final rule, which has not yet been issued, will be enforced only prospectively.”
Jewish Home of E. Pennsylvania v. Centers for Medicare & Medicaid Servs., 469 F. App'x 99 (3rd Cir. 2012). “42 C.F.R. § 402.19 . An adverse DAB ruling is then subject to review by a court ■ of appeals.”
North Carolina Ins. Guar. Ass'n v. Azar, II (E.D.N.C. 2021). “would comport with the appeals process as prescribed by 42 C.F.R. 402.19 and set forth under 42 CFR part 1005.”
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