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. § 498.69

Dismissal for abandonment

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(a) The ALJ may dismiss a request for hearing if it is abandoned by the party that requested it.

(b) The ALJ may consider a request for hearing to be abandoned if the party or its representative—

(1) Fails to appear at the prehearing conference or hearing without having previously shown good cause for not appearing; and

(2) Fails to respond, within 10 days after the ALJ sends a “show cause” notice, with a showing of good cause.

Notes of Decisions
Cited in 1 case, 2014–2014 · leading case: Meridian Nursing & Rehab v. Centers for Medicare & Medicaid Servs., 555 F. App'x 177 (3rd Cir. 2014).
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Meridian Nursing & Rehab v. Centers for Medicare & Medicaid Servs., 555 F. App'x 177 (3rd Cir. 2014). “42 C.F.R. § 498.69 grants an ALJ authority to dismiss a case for abandonment and reads as follows: (a) The ALJ may dismiss a request for hearing if it is abandoned by the party that requested it.”
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