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 R—Provider Reimbursement Determinations and Appeals

42 C.F.R. § 405.1855

Evidence at Board hearing

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Evidence may be received at the Board hearing even though inadmissible under the rules of evidence applicable to court procedure. The Board shall give the parties opportunity for submission and consideration of facts and arguments and during the course of the hearing should, in ruling upon admissibility of evidence, exclude irrelevant, immaterial, or unduly repetitious evidence. The Board shall render a final ruling on the admissibility of evidence.

Notes of Decisions
Cited in 2 cases, 1994–2000 · leading case: Saint Mary of Nazareth Hosp. Ctr. v. Shalala, 96 F. Supp. 2d 773 (N.D. Ill. 2000).
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Saint Mary of Nazareth Hosp. Ctr. v. Shalala, 96 F. Supp. 2d 773 (N.D. Ill. 2000). “Plaintiff seems to be arguing both that the Intermediary’s failure to inform plaintiff of the lack of adequate documentation and the PRRB and HFCA failures to address this issue denied it a fair hearing as required by 42 C.F.R. § 405.1855 and 42 C.F.R. § 405.”
Good Samaritan Hosp. v. Shalala, 873 F. Supp. 1083 (S.D. Ohio 1994). “The Secretary’s determination that the fiscal intermediary had the authority to reopen Plaintiffs cost report for fiscal year 1985, to reclassify erroneously classified Graduate Medical Education costs, and to recoup reimbursements for such costs pursuant to 42 C.F.R. § 405.1855…”
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