Code of Federal Regulations (Last Updated: May 6, 2024) |
Title 42 - Public Health |
Chapter IV - Centers for Medicare & Medicaid Services, Department of Health and Human Services |
SubChapter B - Medicare Program |
Part 405 - Federal Health Insurance for the Aged and Disabled |
Subpart I - Determinations, Redeterminations, Reconsiderations, and Appeals Under Original Medicare (Part A and Part B) |
Medicare Appeals Council Review |
§ 405.1138 - Case remanded by a Federal district court.
Latest version.
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§ 405.1138 Case remanded by a Federal district court.
When a Federal district court remands a case to the Secretary for further consideration, unless the court order specifies otherwise, the MACCouncil, acting on behalf of the Secretary, may make a decision, or it may remand the case to an ALJ or attorney adjudicator with instructions to take action and either issue a decision, take other action, or return the case to the MAC Council with a recommended decision. If the MAC Council remands a case, the procedures specified in § 405.1140 will be followed.
[70 FR 11472, Mar. 8, 2005, as amended at 82 FR 5124, Jan. 17, 2017]