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. § 498.61

Evidence

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Evidence may be received at the hearing even though inadmissible under the rules of evidence applicable to court procedure. The ALJ rules on the admissibility of evidence.

[59 FR 56252, Nov. 10, 1994, as amended at 61 FR 32350, June 24, 1996]
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2003–2023 · leading case: Elsenety v. Health Care Fin. Admin., 85 F. App'x 405 (6th Cir. 2003).
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Elsenety v. Health Care Fin. Admin., 85 F. App'x 405 (6th Cir. 2003). “See 42 C.F.R. § 498.61 (“Evidence may be received at the hearing even though inadmissible under the rules of evidence applicable to court procedure.”
Jewish Home of E. Pennsylvania v. Centers for Medicare & Medicaid Servs., 469 F. App'x 99 (3rd Cir. 2012). “Petitioner’s second affirmative defense is that evidence should be excluded under 42 C.F.R. § 498.61 because the citation upon which the CMP rests is the result of unlawful discrimination.”
Ronald Grason v. Sylvia Burwell, 659 F. App'x 899 (7th Cir. 2016). “1991); 42 C.F.R. § 498.61 . Grason. also argues that the ALJ overstated the time requirements of the particular code he used to bill patients for home visits.”
Avalon Place Trinity v. HHS (5th Cir. 2019). “42 C.F.R. § 498.61 (“Evidence may be received at the hearing even though inadmissible under the rules of evidence applicable to court procedure.”
Copperas Cove LTC Partners v. HHS (5th Cir. 2023). “42 C.F.R. § 498.61 . Its allegation that it was not allowed to question the CMS surveyor about her qualifications is false; the record shows that the ALJ simply advised counsel that exploring her background would not be helpful if the facts about which she testified were…”
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