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Code of Federal Regulations (Last Updated: November 8, 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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Medicare Appeals Council Review |
§ 405.1120 - Filing briefs with the Council.
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§ 405.1120 Filing briefs with the MAC.
Council.
Upon request, the MAC Council will give the party requesting review, as well as all other parties, a reasonable opportunity to file briefs or other written statements about the facts and law relevant to the case. Any party who submits a brief or statement must send a copy to all of the other parties. Unless the party 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 MAC Council will not be counted toward the adjudication timeframe set forth in § 405.1100. The MAC Council may also request, but not require, CMS or its contractor to file a brief or position paper if the MAC Council determines that it is necessary to resolve the issues in the case. The MAC Council will not draw any adverse inference if CMS or a contractor either participates, or decides not to participate in MAC Council review.
[70 FR 11472, Mar. 8, 2005, as amended at 82 FR 5123, Jan. 17, 2017]