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. § 405.1124

Oral argument

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A party may request to appear before the Council to present oral argument.

(a) The Council grants a request for oral argument if it decides that the case raises an important question of law, policy, or fact that cannot be readily decided based on written submissions alone.

(b) The Council may decide on its own that oral argument is necessary to decide the issues in the case. If the Council decides to hear oral argument, it tells the parties of the time and place of the oral argument at least 10 calendar days before the scheduled date.

(c) In case of a previously unrepresented beneficiary, a newly hired representative may request an extension of time for preparation of the oral argument and the Council must consider whether the extension is reasonable.

(d) The Council may also request, but not require, CMS or its contractor to appear before it if the Council determines that it may be helpful in resolving the issues in the case.

(e) The Council will not draw any inference if CMS or a contractor decides not to participate in the oral argument.

[70 FR 11472, Mar. 8, 2005, as amended at 74 FR 65338, Dec. 9, 2009; 82 FR 5124, Jan. 17, 2017]
Notes of Decisions
Cited in 9 cases, 1981–1992 · leading case: Rose M. Walker v. St. Anthony's Med. Ctr., a Not-For-Profit Corp., 881 F.2d 554 (8th Cir. 1989).
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Rose M. Walker v. St. Anthony's Med. Ctr., a Not-For-Profit Corp., 881 F.2d 554 (8th Cir. 1989). “1124 (a) (1988) to the effect that a skilled nursing facility such as Anthony House must employ a qualified registered nurse full-time as Director of Nursing, and if the Director has other institutional obligations, a qualified registered nurse must serve as the Director’s…”
In Re the Est. of Michael Patrick Smith, & People of the State of Colorado, in Intervention-Appellants v. Margaret Heckler, 747 F.2d 583 (10th Cir. 1984). “” 42 C.F.R. § 405.1124 (c). The rehabilitative nursing care is to be directed toward each patient achieving an optimal level of self-care and independence.”
Sells Rest Home, Inc. v. Dept. of Soc. Servs., 829 S.W.2d 59 (Mo. Ct. App. 1992). · cites it 6× “1120(a)(1) *RN on day shift 7 days a week —42 CFR 405.1124(a) & (c) *Full-time Director of Nursing (may be day RN) —42 CFR 405.”
Sunset Ret. Homes, Inc. v. Dep't of Soc. Servs., 830 S.W.2d 18 (Mo. Ct. App. 1992). · cites it 6× “II Although the state certification regulation requires only a licensed practical nurse on both the evening and night shifts, the federal regulation 42 CFR § 405.1124 imposes still other staffing standards: (b) Standard.”
Commonwealth v. Brownsville Golden Age Nursing Home Inc., 520 A.2d 926 (Pa. Commw. Ct. 1987). “1121 ; nursing services, 42 C.F.R. §405.1124 ; dietetic services, 42 C.”
Montgomery Cnty. Geriatric & Rehab. Ctr. v. Commonwealth, Dep't of Pub. Welfare, 462 A.2d 325 (Pa. Commw. Ct. 1983). “” 42 C.F.R. §405.1124 (c) (emphasis added).”
Geriatrics, Inc. v. Harris, 640 F.2d 262 (10th Cir. 1981). “42 C.F.R. §§ 405.1124 , 405.-1135 (1979).”
Begandy v. Richardson, 134 Misc. 2d 357 (N.Y. Sup. Ct. 1987). “2, 42 CFR 405.1124, 442.340, 442.342 and paragraph (2) of defendants’ admission agreement.”
Cedar Crest Health Ctr., Inc. v. Bowen, 129 F.R.D. 519 (S.D. Ind. 1989). “See 42 C.F.R. 405.1124. Following these findings of non-compliance, Cedar Crest made a decision to renew only its Medicaid agreement, and not its Medicare agreement.”
— 42 C.F.R. § 405.1124(a) — 2 cases
Sells Rest Home, Inc. v. Dept. of Soc. Servs., 829 S.W.2d 59 (Mo. Ct. App. 1992). “1120(a)(1) *RN on day shift 7 days a week —42 CFR 405.1124(a) & (c) *Full-time Director of Nursing (may be day RN) —42 CFR 405.”
Sunset Ret. Homes, Inc. v. Dep't of Soc. Servs., 830 S.W.2d 18 (Mo. Ct. App. 1992). “II Although the state certification regulation requires only a licensed practical nurse on both the evening and night shifts, the federal regulation 42 CFR § 405.1124 imposes still other staffing standards: (b) Standard.”
— 42 C.F.R. § 405.1124(c) — 2 cases
Sells Rest Home, Inc. v. Dept. of Soc. Servs., 829 S.W.2d 59 (Mo. Ct. App. 1992). “1120(a)(1) *RN on day shift 7 days a week —42 CFR 405.1124(a) & (c) *Full-time Director of Nursing (may be day RN) —42 CFR 405.”
Sunset Ret. Homes, Inc. v. Dep't of Soc. Servs., 830 S.W.2d 18 (Mo. Ct. App. 1992). “II Although the state certification regulation requires only a licensed practical nurse on both the evening and night shifts, the federal regulation 42 CFR § 405.1124 imposes still other staffing standards: (b) Standard.”
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