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 A — General Provisions
- § 498.1— Statutory basis.
- § 498.2— Definitions.
- § 498.3— Scope and applicability.
- § 498.4— NFs subject to appeals process in part 498.
- § 498.5— Appeal rights.
- § 498.10— Appointment of representatives.
- § 498.11— Authority of representatives.
- § 498.13— Fees for services of representatives.
- § 498.15— Charge for transcripts.
- § 498.17— Filing of briefs with the ALJ or Departmental Appeals Board, and opportunity for rebuttal.
Subpart B — Initial, Reconsidered, and Revised Determinations
Subpart C — Reopening of Initial or Reconsidered Determinations
Subpart D — Hearings
- § 498.40— Request for hearing.
- § 498.42— Parties to the hearing.
- § 498.44— Designation of hearing official.
- § 498.45— Disqualification of Administrative Law Judge.
- § 498.47— Prehearing conference.
- § 498.48— Notice of prehearing conference.
- § 498.49— Conduct of prehearing conference.
- § 498.50— Record, order, and effect of prehearing conference.
- § 498.52— Time and place of hearing.
- § 498.53— Change in time and place of hearing.
- § 498.54— Joint hearings.
- § 498.56— Hearing on new issues.
- § 498.58— Subpoenas.
- § 498.60— Conduct of hearing.
- § 498.61— Evidence.
- § 498.62— Witnesses.
- § 498.63— Oral and written summation.
- § 498.64— Record of hearing.
- § 498.66— Waiver of right to appear and present evidence.
- § 498.68— Dismissal of request for hearing.
- § 498.69— Dismissal for abandonment.
- § 498.70— Dismissal for cause.
- § 498.71— Notice and effect of dismissal and right to request review.
- § 498.72— Vacating a dismissal of request for hearing.
- § 498.74— Administrative Law Judge's decision.
- § 498.76— Removal of hearing to Departmental Appeals Board.
- § 498.78— Remand by the Administrative Law Judge.
- § 498.79— Timeframes for deciding an enrollment appeal before an ALJ.
Subpart E — Departmental Appeals Board Review
- § 498.80— Right to request Departmental Appeals Board review of Administrative Law Judge's decision or dismissal.
- § 498.82— Request for Departmental Appeals Board review.
- § 498.83— Departmental Appeals Board action on request for review.
- § 498.85— Procedures before the Departmental Appeals Board on review.
- § 498.86— Evidence admissible on review.
- § 498.88— Decision or remand by the Departmental Appeals Board.
- § 498.90— Effect of Departmental Appeals Board decision.
- § 498.95— Extension of time for seeking judicial review.