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Code of Federal Regulations (Last Updated: May 6, 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 423 - Voluntary Medicare Prescription Drug Benefit |
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Subpart T - Appeal Procedures for Civil Money Penalties |
§ 423.1086 - Effect of Departmental Appeals Board Decision.
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§ 423.1086 Effect of Departmental Appeals Board Decision.
(a) General rule. The Board's decision is binding unless -
(1) The affected party has a right to judicial review and timely files a civil action in a United States District Court or, in the case of a civil money penalty, in a United States Court of Appeals; or
(2) The Board reopens and revises its decision in accordance with 423.1092.
(b) Right to judicial review. Section 423.1006 specifies the circumstances under which an affected party has a right to seek judicial review.
(c) Special rules: Civil money penalty. Finality of Board's decision. When CMS imposes a civil money penalty, notice of the Board's decision (or denial of review) is the final administrative action that initiates the 60-calendar day period for seeking judicial review.