42 C.F.R. § 418.311
Administrative appeals
A hospice that believes its payments have not been properly determined in accordance with these regulations may request a review from the intermediary or the Provider Reimbursement Review Board (PRRB) if the amount in controversy is at least $1,000 or $10,000, respectively. In such a case, the procedure in 42 CFR part 405, subpart R, will be followed to the extent that it is applicable. The PRRB, subject to review by the Secretary under § 405.1875 of this chapter, shall have the authority to determine the issues raised. The methods and standards for the calculation of the statutorily defined payment rates by CMS are not subject to appeal.
Notes of Decisions
Cited in 3
cases (2 in the last 5 years), 2008–2022 · leading case: Nat'l Hospice & Palliative Care Org., Inc. v. Weems, 587 F. Supp. 2d 184 (D.D.C. 2008).
Nat'l Hospice & Palliative Care Org., Inc. v. Weems, 587 F. Supp. 2d 184 (D.D.C. 2008). “See 42 C.F.R. § 418.311 . That regulation provides as follows: A hospice that believes its payments have not been properly determined in accordance with these regulations may request a review from the intermediary or the Provider Reimbursement Review Board (PRRB) if the amount…”
Gentiva Health Servs., Inc. v. Becerra, 31 F.4th 766 (D.C. Cir. 2022). “§ 1395oo(a); 42 C.F.R. § 418.311 . The Budget Control Act of 2011, Pub.”
Gentiva Health Servs., Inc. v. Azar (D.D.C. 2021). “§ 1395oo(a), (d), (h); see also 42 C.F.R. § 418.311 . In reviewing a MAC’s final determination, the Board “must comply with all the provisions of [the Medicare statute] and regulations issued thereunder, as well as CMS [r]ulings” and must “afford great weight to interpretive…”
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