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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 |
§ 423.2138 - Case remanded by a Federal District Court.
Latest version.
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§ 423.2138 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 § 423.2140 will be followed.
[74 FR 65363, Dec. 9, 2009, as amended at 82 FR 5139, Jan. 17, 2017]