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. § 498.95

Extension of time for seeking judicial review

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(a) Any affected party that is dissatisfied with an Departmental Appeals Board decision and is entitled to judicial review must commence civil action within 60 days from receipt of the notice of the Board's decision (as determined under § 498.22(c)(3)), unless the Board extends the time in accordance with paragraph (c) of this section.

(b) The request for extension must be filed in writing with the Board before the 60-day period ends.

(c) For good cause shown, the Board may extend the time for commencing civil action.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2016–2023 · leading case: Generations at Elmwood Park, Inc. v. Ezike (N.D. Ill. 2023).
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Generations at Elmwood Park, Inc. v. Ezike (N.D. Ill. 2023). · cites it 2× “; see 42 C.F.R. § 498.95 . Further, because formal administrative review is only available when a regulatory remedy is imposed, there are numerous deficiencies Plaintiffs challenge that are ineligible for formal administrative review.”
Brenham Nursing & Rehab. Ctr. v. United States Dep't of Health & Human Servs., 637 F. App'x 820 (5th Cir. 2016). “See 42 CFR § 498.95 . 2 . 42 U.S.C. § 1320a-7a(e) ("[T]he court shall have jurisdiction of the proceeding and .”
Ferguson v. Centers for Medicare & Medicaid Servs. (N.D. Cal. 2020). “§ 405 (g); 42 C.F.R. § 498.95 (a)). Section 405(g)’s 60-day limit is “a condition on the 4 waiver of sovereign immunity and thus must be strictly construed.”
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