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 E—Departmental Appeals Board Review

42 C.F.R. § 498.82

Request for Departmental Appeals Board review

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(a) Manner and time of filing. (1) Any party that is dissatisfied with an ALJ's decision or dismissal of a hearing request, may file a written request for review by the Departmental Appeals Board.

(2) The requesting party or its representative or other authorized official must file the request with the OHA within 60 days from receipt of the notice of decision or dismissal, unless the Board, for good cause shown by the requesting party, extends the time for filing. The rules set forth in § 498.40(c) apply to extension of time for requesting Departmental Appeals Board review. (The date of receipt of notice is determined in accordance with § 498.22(c)(3).)

(b) Content of request for review. A request for review of an ALJ decision or dismissal must specify the issues, the findings of fact or conclusions of law with which the party disagrees, and the basis for contending that the findings and conclusions are incorrect.

Notes of Decisions
Cited in 4 cases, 2005–2016 · leading case: Bp Care, Inc. v. Tommy Thompson, Sec'y, United States Dep't of Health & Human Servs. Dep't of Health & Human Servs., 398 F.3d 503 (6th Cir. 2005).
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Bp Care, Inc. v. Tommy Thompson, Sec'y, United States Dep't of Health & Human Servs. Dep't of Health & Human Servs., 398 F.3d 503 (6th Cir. 2005). “42 C.F.R. § 498.82 . Further, a party may request that the ALJ vacate an order of dismissal at any time within sixty days of notice of the dismissal, and the ALJ must grant the request if the party shows good cause.”
Ronald Grason v. Sylvia Burwell, 659 F. App'x 899 (7th Cir. 2016). “§ 405 (b), (g)); 42 C.F.R. §§ 498.82 , 498.85; W. Tex. Ltc Partners, Inc.”
Delta Health Grp., Inc. v. United States Dep't of Health & Human Servs., 459 F. Supp. 2d 1207 (N.D. Fla. 2006). “See 42 C.F.R. § 498.82 . The DAB ruling will constitute HHS’s final administrative decision.”
BP Care, Inc. v. Thompson (6th Cir. 2005). “42 C.F.R. § 498.82 . Further, a party may request that the ALJ vacate an order of dismissal at any time within sixty days of notice of the dismissal, and the ALJ must grant the request if the party shows good cause.”
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