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. § 405.1134

Extension of time to file action in Federal district court

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(a) Any party to the Council's decision or to a request for EAJR that has been certified by the review entity other than CMS may request that the time for filing an action in a Federal district court be extended.

(b) The request must—

(1) Be in writing.

(2) Give the reasons why the action was not filed within the stated time period.

(3) Be filed with the Council.

(c) If the party shows that he or she had good cause for missing the deadline, the time period will be extended. To determine whether good cause exists, the Council uses the standards specified in § 405.942(b)(2) or (b)(3).

[70 FR 11472, Mar. 8, 2005, as amended at 82 FR 5124, Jan. 17, 2017]
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1979–2022 · leading case: Commonwealth v. Brownsville Golden Age Nursing Home Inc., 520 A.2d 926 (Pa. Commw. Ct. 1987).
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Commonwealth v. Brownsville Golden Age Nursing Home Inc., 520 A.2d 926 (Pa. Commw. Ct. 1987). “1131 ; physical environment, 42 C.F.R. §405.1134 ; and infection control, 42 C.”
Krestview Nursing Home v. State, Dep't of Health & Rehabilitative Servs., 374 So. 2d 638 (Fla. 3d DCA 1979). · cites it 2× “Krestview Nursing Home, petitioner-appellant, seeks reversal of an order of the State of Florida, Department of Health and Rehabilitative Services (HRS), denying its request as a participant in the Medicaid program for a variance under 42 CFR Section 405.1134(3) establishing a…”
Williams v. Azar (W.D. Pa. 2022). · cites it 2× “” 42 C.F.R. § 405.1134 (a). “If the party shows that he or she had good cause for missing the deadline, the time period will be extended.”
— 42 C.F.R. § 405.1134(3) — 1 case
Krestview Nursing Home v. State, Dep't of Health & Rehabilitative Servs., 374 So. 2d 638 (Fla. 3d DCA 1979). “Krestview Nursing Home, petitioner-appellant, seeks reversal of an order of the State of Florida, Department of Health and Rehabilitative Services (HRS), denying its request as a participant in the Medicaid program for a variance under 42 CFR Section 405.1134(3) establishing a…”
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