C.F.R. » Title 42 » CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER B—MEDICARE PROGRAM › PART 414—PAYMENT FOR PART B MEDICAL AND OTHER HEALTH SERVICES › Subpart F—Competitive Bidding for Certain Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS)

42 C.F.R. § 414.424

Administrative or judicial review

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(a) There is no administrative or judicial review under this subpart of the following:

(1) Establishment of payment amounts.

(2) Awarding of contracts.

(3) Designation of CBAs.

(4) Phase-in of the competitive bidding programs.

(5) Selection of items for competitive bidding.

(6) Bidding structure and number of contract suppliers selected for a competitive bidding program.

(b) A denied claim is not appealable if the denial is based on a determination by CMS that a competitively bid item was furnished in a CBA in a manner not authorized by this subpart.

[72 FR 18085, Apr. 10, 2007]
Notes of Decisions
Cited in 1 case, 2008–2008 · leading case: All Florida Network Corp. v. United States, 82 Fed. Cl. 468 (Fed. Cl. 2008).
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All Florida Network Corp. v. United States, 82 Fed. Cl. 468 (Fed. Cl. 2008). “” 42 C.F.R. § 414.424 (a)(2). The DMEPOS competitive acquisition program is being implemented in phases.”
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