C.F.R. » Title 42 » CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER B—MEDICARE PROGRAM › PART 405—FEDERAL HEALTH INSURANCE FOR THE AGED AND DISABLED › Subpart I—Determinations, Redeterminations, Reconsiderations, and Appeals Under Original Medicare (Part A and Part B)

42 C.F.R. § 405.1063

Applicability of laws, regulations, CMS Rulings, and precedential decisions

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(a) All laws and regulations pertaining to the Medicare and Medicaid programs, including, but not limited to Titles XI, XVIII, and XIX of the Social Security Act and applicable implementing regulations, are binding on ALJs and attorney adjudicators, and the Council.

(b) CMS Rulings are published under the authority of the Administrator, CMS. Consistent with § 401.108 of this chapter, rulings 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.

(c) Precedential decisions designated by the Chair of the Departmental Appeals Board in accordance with § 401.109 of this chapter, are binding on all CMS components, 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.

[82 FR 5121, Jan. 17, 2017]
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2018–2026 · leading case: Am. Hosp. Ass'n v. Azar
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Am. Hosp. Ass'n v. Azar (2019) cadc “See 42 C.F.R. § 405.1063 (a) (stating that "[a]ll laws and regulations pertaining to the Medicare and Medicaid programs .”
Am. Hosp. Ass'n v. Azar (2018) cadc “" 42 C.F.R. § 405.1063 (a) (emphasis added); see also HHS Expedited Access to Judicial Review Ruling at 6, ECF No.”
American Hospital Association (2018) dcd “” 42 C.F.R. § 405.1063 (a) (emphasis added); see also HHS Expedited Access to Judicial Review Ruling at 6, ECF No.”
American Hospital Association (2019) dcd “See 42 C.F.R. § 405.1063 (a) (stating that “[a]ll laws and regulations pertaining to the Medicare and Medicaid programs .”
American Hospital Association v. Azar (2019) dcd “See 42 C.F.R. § 405.1063 (a) (“All laws and regulations pertaining to the Medicare and Medicaid programs .”
Hartsville Anesthesia Associates, PA, a South Carolina Professional Association, and Advanced Pain Therapies, LLC, a Sou (2026) scd “” (citing 42 C.F.R. § 405.1063 (c))). The Court is aware MPIM § 3.”
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