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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 U - Reopening, ALJ Hearings, MAC review, and Judicial Review |
§ 423.1976 - Judicial review.
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§ 423.1976 Judicial review.
(a) Review of ALJ's or attorney adjudicator's decision. The enrollee may request judicial review of an ALJ's or attorney adjudicator's decision if -
(1) The Council denied the enrollee's request for review; and
(2) The amount in controversy meets the threshold requirement established annually by the Secretary.
(b) Review of Council decision. The enrollee may request judicial review of the Council decision if it is the final decision of CMS and the amount in controversy meets the threshold established in paragraph (a)(2) of this section.
(c) How to request judicial review. In order to request judicial review, an enrollee must file a civil action in a district court of the United States in accordance with section 205(g) of the Act. (See § 423.2136 for a description of the procedures to follow in requesting judicial review.)
[74 FR 65363, Dec. 9, 2009, as amended at 82 FR 5126, Jan. 17, 2017]