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Code of Federal Regulations (Last Updated: July 5, 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 and ALJ and Attorney Adjudicator Decisions, Council Review, and Judicial Review |
§ 423.2128 - Action of the Council.
Latest version.
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§ 423.2128 Action of the MAC.
Council.
(a) After it has reviewed all the evidence in the administrative record and any additional evidence received, subject to the limitations on MAC Council consideration of additional evidence in § 423.2122, the MAC Council will make a decision or remand the case to an ALJ or attorney adjudicator.
(b) The MAC Council may adopt, modify, or reverse the ALJ hearing or attorney adjudicator decision or recommended decision.
(c) The MAC Council mails a copy of its decision to the enrollee at his or her last known address, to CMS, to the IRE, and to the Part D plan sponsor.
[74 FR 65363, Dec. 9, 2009, as amended at 82 FR 5139, Jan. 17, 2017]