§ 417.636 - Court review.

Link to an amendment published at 70 FR 4713, Jan. 28, 2005.

(a) Review of ALJ's decision. A party or the HMO or CMP may request judicial review of an ALJ's decision if—

(1) The Departmental Appeals Board denied the party's or the HMO's or CMP's request for review; and

(2) The amount in controversy is $1,000 or more.

(b) Review of Departmental Appeals Board decision. A party or the HMO or CMP may request judicial review of the Departmental Appeals Board decision if—

(1) It is the final decision of CMS; and

(2) The amount in controversy is $1,000 or more.

(c) Request for review. The civil action must be filed in a district court of the United States in accordance with section 205(g) of the Act (see 20 CFR 422.210 for a description of the procedures to follow in requesting judicial review).

Effective Date Note:

At 70 FR 4713, Jan. 28, 2005, § 417.636 was removed, effective January 1, 2006.