42 C.F.R. § 405.1851

Conduct of Board hearing

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The Board hearing shall be open to the parties, to representatives of the Centers for Medicare & Medicaid Services, and to such other persons as the Board deems necessary and proper. The Board shall inquire fully into all of the matters at issue and shall receive into evidence the testimony of witnesses and any documents which are relevant and material to such matters. If the Board believes that there is relevant and material evidence available which has not been presented at the hearing, it may at any time prior to the issuing of the notice of the decision, reconvene the hearing for the receipt of such evidence. The order in which the evidence and the allegations shall be presented and the conduct of the hearing shall be at the discretion of the Board.

[39 FR 34515, Sept. 26, 1974, as amended at 85 FR 59019, Sept. 18, 2020]

Notes of Decisions

Cited in 3 cases, 2002–2007 · leading case: Visiting Nurse Ass'n of Brooklyn v. Thompson

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Visiting Nurse Ass'n of Brooklyn v. Thompson (2004) nyed “42 C.F.R. § 405.1851 . The PRRB decision becomes final unless the Secretary’s delegate, the HCFA Administrator, elects to review the decision.”

Lutheran Medical Center v. Thompson (2007) nyed “See 42 C.F.R. §§ 405.1851 (conduct of PRRB hearing), 405.”

HCA Health Services of Tennessee, Inc. v. Thompson (2002) tnmd “1873 (2001), the Board may receive evidence, see 42 C.F.R. § 405.1851 (2001), and hear oral arguments, see 42 C.”

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