For purposes of making appointments to vacancies in all positions in the Indian Health Service a preference will be extended to persons of Indian descent who are: (a) Members of any recognized Indian tribe now under Federal jurisdiction; (b) Descendants of such members who were, on June 1, 1934, residing within the present boundaries of any Indian reservation; (c) All

) Submitting a proposed construction project agreement. This proposed agreement may be the final proposal, or it may be a draft for consideration and negotiation, or (3) A combination of the actions described in paragraphs (a)(1) and (2) of this section. (b) Upon receiving a Self-Governance Tribe's request to enter into a pre-negotiation phase the Secretary shall take the steps outlined in section 105(m)(3) of the Act [

request, the initiating agency initiates communication with the person to establish a mutually agreed upon time and place for the oral presentation and discussion.

Where an individual is liable for an incorrect payment (i.e., a payment made under §405.350(a) or §405.350(b)) adjustment is made (to the extent of such liability) by: (a) Decreasing any payment under title II of the Act, or under the

ALJ's or attorney adjudicator's decisionor recommended decision. (c) The Council mails a copy of its decision to all the parties at their last known addresses. For overpayment cases involving multiple beneficiaries where there is no beneficiary liability the Council may choose to send written notice only to the appellant. In the event the decision will result in a payment to a provider or supplier, the Medicare contractor must issue any electronic or paper remittance

(a) If an individual's enrollment or nonenrollment for premium hospital insurance is unintentional, inadvertent, or erroneous because of the error, misrepresentation, or inaction of a Federal employee, or any person authorized by the Federal Government to act on its behalf, the Social Security Administration or CMS may take whatever action it determines is necessary to provide appropriate relief. (b) The action may include—

An HMO or CMP agrees not to recoup deductible and coinsurance amounts for which Medicare enrollees were liable in a previous contract period except in the following circumstances: (a) The HMO or CMP failed to collect the deductible and coinsurance amounts during the contract period in which they were due because of— (1) Underestimation of the actuarial value of the deductible and coinsurance amounts

total estimated Medicare payments for the reporting period (as described in §§418.302-418.306). Each payment is made 2 weeks after the end of a biweekly period of service as described in §413.64(h)(5) of this chapter. Under certain circumstances that are described in §413.64(g) of this chapter, a hospice

(a) Applicability. The hospital outpatient prospective payment system is applicable to any hospital participating in the Medicare program, except those specified in paragraph (b) of this section, for services furnished on or after August 1, 2000. (b) Hospitals excluded from the outpatient prospective payment system. (1

denial of review) is the final administrative action that initiates the 60-day period for seeking judicial review.

denial of review) is the final administrative action that initiates the 60-calendar day period for seeking judicial review.

revision; and (ii) Grants opportunity to appear in the case of a Board revision. (b) Basis for revised decision and right to review. (1) If a revised decision is necessary, the ALJ or the Departmental Appeals Board, as appropriate, renders it on the basis of the entire record. (2) If the decision is revised by an ALJ, the

Upon request, the Council will give the enrollee requesting review a reasonable opportunity to file a brief or other written statement about the facts and law relevant to the case. Unless the enrollee requesting review files the brief or other statement with the request for review, the time beginning with the date of receipt of the request to submit the brief and ending with the date the brief is received by the Council will not be counted toward the adjudication

provision.) For purposes of this paragraph (c), this mandatory categorically needy group of individuals includes those qualified severely impaired individuals defined in section 1905(q) of the Act. [55 FR 33705, Aug. 17, 1990]

(a) Definition. A qualified family member is any member of a family, including pregnant women and children eligible for Medicaid under §436.120 of this subpart, who would be receiving AFDC cash benefits on the basis of the unemployment of the principal wage earner under section 407 of the Act

§442.13. (b) Exception. This rule does not apply if CMS determines, under §442.30, that the agreement is not valid evidence that the facility meets the requirements for participation. This exclusion applies even if the State issues the new agreement as the result of an administrative hearing decision favorable to

grants, such as grants for special demonstration projects under Section 1115 of the Act, that may be awarded to an CHIP agency, are subject to reconsideration by the Departmental Grant Appeals Board.

(2) Inform the beneficiary of his or her right to resubmit a written complaint in accordance with the procedures in §476.120. (b) Reopening complaint reviews. A QIO may reopen a Medicare beneficiary complaint review using the same procedures that the QIO would use for reopening initial denial determinations and changes

The organization has procedures that provide for a systematic evaluation of its total program to ensure appropriate utilization of services and to determine whether the organization's policies are followed in providing services to patients through employees or under arrangements with others. (a) Standard: Clinical-record review. A sample of active and closed clinical records is reviewed

combination of these tests. (c) Each laboratory must be either CLIA-exempt or possess one of the following CLIA certificates, as defined in §493.2: (1) Certificate of registration or registration certificate. (2) Certificate of waiver. (3) Certificate for PPM procedures

(5) Present evidence relevant to the issues at the hearing; (6) Present and cross-examine witnesses; (7) Present oral arguments at the hearing as permitted by the ALJ; and (8) Submit written briefs and proposed findings of fact and conclusions of law after the hearing. (b) Fees for any services performed on behalf of a party by an attorney are

incorporates the provisions of sections 1128(f)(4) or 1128A(j). (c) Nothing in this part is intended to apply to or limit the authority of the Inspector General, or his or her delegates, to issue subpoenas for the production of documents in accordance with 5 U.S.C. 6(a)(4), App. 3. [57 FR 3354, Jan. 29, 1992, as amended at 82

to the employee's HSA, do the comparability rules apply to these amounts? A-2: No. Section 106(d) provides that amounts contributed by an employer to an eligible employee's HSA shall be treated as employer-provided coverage for medical expenses and are excludible from the employee's gross income up to the limit in section 223(b). After-tax employee contributions to an HSA are not subject to the comparability rules because they are not employer contributions under

, to the extent that (1) any amount paid, credited, or required to be distributed by such estate or trust to such beneficiary is deemed to consist of such items and (2) such items would, without regard to the convention, be includible in his gross income. (b) Amounts otherwise includible in gross income of beneficiary. For the determination of amounts which, without regard to the convention, are includible in the gross income

(a) Any certificate holder required to have a Safety Management System under this part must submit the Safety Management System to the Administrator for acceptance. The SMS must be appropriate to the size, scope, and complexity of the certificate holder's operation and include at least the following components: (1) Safety policy in accordance with the requirements of subpart B of this part; (2

(a) If it is determined that a violation or an alleged violation of the Federal Aviation Act of 1958, or an order or regulation issued under it, or of the Hazardous Materials Transportation Act, or an order or regulation issued under it, does not require legal enforcement action, an appropriate official of the FAA field office responsible for processing the enforcement case or other appropriate FAA official may take administrative action in disposition of the case

for the dismissal. [Amdt. 16-1, 78 FR 56144, Sept. 12, 2013]

should not be dismissed, denied, disregarded, or otherwise adversely affected on account of such violation. (b) The Associate Administrator may, to the extent consistent with the interests of justice and the policy of the underlying statutes administered by the FAA, consider a violation of this subpart sufficient grounds for a decision adverse to a party who has knowingly committed such violation or knowingly caused such violation to occur.

(a) Longitudinal, lateral, directional, and drag control system and their supporting structures must be designed for loads corresponding to 125 percent of the computed hinge moments of the movable control surface in the conditions prescribed in §25.391. (b) The system limit loads of paragraph (a) of this section need not exceed the loads

(a) The longitudinal control must be designed so that a rearward movement of the control is necessary to obtain an airspeed less than the trim speed, and a forward movement of the control is necessary to obtain an airspeed more than the trim speed. (b) Throughout the full range of altitude for which certification is requested, with the throttle and collective pitch held constant during the maneuvers specified in