C.F.R. » Title 42 » CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER G—STANDARDS AND CERTIFICATION › PART 498—APPEALS PROCEDURES FOR DETERMINATIONS THAT AFFECT PARTICIPATION IN THE MEDICARE PROGRAM AND FOR DETERMINATIONS THAT AFFECT THE PARTICIPATION OF ICFs/IID AND CERTAIN NFs IN THE MEDICAID PROGRAM › Subpart D—Hearings

42 C.F.R. § 498.42

Parties to the hearing

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The parties to the hearing are the affected party and CMS or the OIG, as appropriate.

Notes of Decisions
Cited in 2 cases, 2003–2017 · leading case: Arriva Med. LLC v. United States Dep't of Health & Human Servs., 239 F. Supp. 3d 266 (D.D.C. 2017).
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Arriva Med. LLC v. United States Dep't of Health & Human Servs., 239 F. Supp. 3d 266 (D.D.C. 2017). “They involve adversarial proceedings where CMS is also a party, 42 C.F.R. § 498.42 ; the opportunity to argue additional issues, id.”
BP Care, Inc. v. Thompson, 337 F. Supp. 2d 1021 (S.D. Ohio 2003). “BP Care asserts that it had no authority to intérvene or join the administrative appeal because “[t]he parties to the hearing are limited to the Secretary and the affected party” under 42 C.F.R. § 498.42 . (Doc. # 19 at 10.) However, providers and prospective providers have…”
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