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. § 405.1120

Filing briefs with the Council

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Upon request, the Council will give the party requesting review, as well as all other parties, a reasonable opportunity to file briefs or other written statements about the facts and law relevant to the case. Any party who submits a brief or statement must send a copy to all of the other parties. Unless the party requesting review files the brief or other statement with the request for review, the time beginning with the date of receipt of the request to submit the brief and ending with the date the brief is received by the Council will not be counted toward the adjudication timeframe set forth in § 405.1100. The Council may also request, but not require, CMS or its contractor to file a brief or position paper if the Council determines that it is necessary to resolve the issues in the case. The Council will not draw any adverse inference if CMS or a contractor either participates, or decides not to participate in Council review.

[70 FR 11472, Mar. 8, 2005, as amended at 82 FR 5123, Jan. 17, 2017]
Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 1992–2025 · leading case: Cypress Home Care, Inc. v. Azar, 326 F. Supp. 3d 307 (E.D. Tex. 2018).
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Cypress Home Care, Inc. v. Azar, 326 F. Supp. 3d 307 (E.D. Tex. 2018). “2080 with 42 C.F.R. § 405.1120 . Also, form DAB-101, which a party may use to request Council review, contains only four lines for the party to explain why it disagrees with the ALJ's decision.”
Sells Rest Home, Inc. v. Dept. of Soc. Servs., 829 S.W.2d 59 (Mo. Ct. App. 1992). “042(37) Federal skilled care requirements *State skilled care license —42 CFR 405.1120(a)(1) *RN on day shift 7 days a week —42 CFR 405.”
Encompass Health Rehab. Hosp. of Sarasota, LLC v. Becerra (M.D. Fla. 2024). “1112(b) would impose a briefing requirement by another name. Pl. MSJ at 80. Second, Encompass argues that if its requests for review fail to satisfy § 405.”
Rehab. Hosp. of Phenix City, LLC v. Becerra (M.D. Ala. 2024). “See 42 C.F.R. § 405.1120 ; 67 Fed. Reg. at 69336 (“Because the [Council] is concerned with the content rather than the form of the appeal, we would not require parties to file formal briefs or other pleadings.”
Rehab. Hosp. of Phenix City, LLC v. Sec'y, U.S. Dept of Health & Human Servs. (11th Cir. 2025). “42 C.F.R. § 405.1120 . But Rehabilitation Hospi- tal could have identified the arguments it raises on appeal—that the administrative law judge incorrectly found that beneficiaries were ineligible for admission because their medical conditions were sta- ble and that the…”
— 42 C.F.R. § 405.1120(a)(1) — 1 case
Sells Rest Home, Inc. v. Dept. of Soc. Servs., 829 S.W.2d 59 (Mo. Ct. App. 1992). “042(37) Federal skilled care requirements *State skilled care license —42 CFR 405.1120(a)(1) *RN on day shift 7 days a week —42 CFR 405.”
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