42 C.F.R. § 402.21
Judicial review
After exhausting all available administrative remedies, a respondent may seek judicial review of a penalty, assessment, or exclusion that has become final. The respondent may seek review only with respect to a penalty, assessment, or exclusion with respect to which the respondent filed an exception under § 1005.21(c) of this title unless the court excuses the failure or neglect to urge the exception in accordance with section 1128A(e) of the Act because of extraordinary circumstances.
Notes of Decisions
Cited in 1
case, 2012–2012 · leading case: Jewish Home of E. Pennsylvania v. Centers for Medicare & Medicaid Servs., 469 F. App'x 99 (3rd Cir. 2012).
Jewish Home of E. Pennsylvania v. Centers for Medicare & Medicaid Servs., 469 F. App'x 99 (3rd Cir. 2012). “§§ 1320a-7a(e), 1395i-3(h)(2)(B)(ii)(I); 42 C.F.R. § 402.21 . In the case at bar, the Jewish Home for Eastern Pennsylvania (“JHEP”) — a nursing facility located in Scranton, Pennsylvania — petitions for review of a DAB deci *101 sion sustaining a CMP in the sum of $42,600.”
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