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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 42 - Public Health |
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Chapter IV - Centers for Medicare & Medicaid Services, Department of Health and Human Services |
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SubChapter B - Medicare Program |
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Part 405 - Federal Health Insurance for the Aged and Disabled |
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Subpart I - Determinations, Redeterminations, Reconsiderations, and Appeals Under Original Medicare (Part A and Part B) |
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ALJ Hearings |
§ 405.1042 - The administrative record.
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§ 405.1042 The administrative record.
(a) Creating the record.
(1) The ALJ OMHA makes a complete record of the evidence and administrative proceedings on the appealed matter, including the any prehearing and posthearing conferences, and hearing proceedings , if anythat were conducted.
(2) The record will include marked as exhibits, the appealed determinations, and documents and other evidence used in making the decision under reviewappealed determinations and the ALJ's or attorney adjudicator's decision, including, but not limited to, claims, medical records, written statements, certificates, reports, affidavits, and any other evidence the ALJ or attorney adjudicator admits. In the record, the ALJ must also discuss any evidence excluded under § 405.1028 and include a justification for excluding the evidenceThe record will also include any evidence excluded or not considered by the ALJ or attorney adjudicator, including, but not limited to, new evidence submitted by a provider or supplier, or beneficiary represented by a provider or supplier, for which no good cause was established, and duplicative evidence submitted by a party.
(3) A party may request and review a copy of the record prior to or at the hearing, or, if a hearing is not held, at any time before the ALJ's notice of decision is issued.
(4) If a request for review is filed or the case is escalated to the MACCouncil, the complete record, including any recording of the hearingprehearing and posthearing conference and hearing recordings, is forwarded to the MACCouncil.
(5) A typed transcription of the hearing is prepared if a party seeks judicial review of the case in a Federal district court within the stated time period and all other jurisdictional criteria are met, unless, upon the Secretary's motion prior to the filing of an answer, the court remands the case.
[70 FR 11472, Mar. 8, 2005, as amended at 70 FR 37704, June 30, 2005; 74 FR 65336, Dec. 9, 2009(b) Requesting and receiving copies of the record.
(1) A While an appeal is pending at OMHA, a party may request and receive a copy of all or part of the record from OMHA, including the exhibits listany index of the administrative record, documentary evidence, and a copy of the tape audio recording of the oral proceedings. The party may be asked to pay the costs of providing these items.
(2) If a party requests a copy of all or part of the record from OMHA or the ALJ or attorney adjudicator and an opportunity to comment on the record, any adjudication period that applies in accordance with § 405.1016 is extended by the time beginning with the ALJ's receipt of the request through the expiration of the time granted for the party's response does not count toward the 90 calendar day adjudication deadline.
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(3) If a party requests a copy of all or part of the record and the record, including any audio recordings, contains information pertaining to an individual that the requesting party is not entitled to receive, such as personally identifiable information or protected health information, such portions of the record will not be furnished unless the requesting party obtains consent from the individual.
[82 FR 5118, Jan. 17, 2017]