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 Code of Federal Regulations (Last Updated: November 8, 2024)
 Title 42 - Public Health
 Chapter IV - Centers for Medicare & Medicaid Services, Department of Health and Human Services
 SubChapter G - Standards and Certification
 Part 498 - Appeals Procedures for Determinations That Affect Participation in the Medicare Program and for Determinations That Affect the Participation of Icfs/IID and Certain Nfs in the Medicaid Program
 Subpart F - Reopening of Decisions Made by Administrative Law Judges or the Departmental Appeals Board

§ 498.100 - Basis, timing, and authority for reopening an ALJ or Board decision.  

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  • § 498.100 Basis, timing, and authority for reopening an ALJ or Board decision.

    (a) Basis and timing for reopening. An ALJ of Departmental Appeals Board decision may be reopened, within 60 days from the date of the notice of decision, upon the motion of the ALJ or the Board or upon the petition of either party to the hearing.

    (b) Authority to reopen.

    (1) A decision of the Departmental Appeals Board may be reopened only by the Departmental Appeals Board.

    (2) A decision of an ALJ may be reopened by that ALJ, by another ALJ if that one is not available, or by the Departmental Appeals Board. For purposes of this paragraph, an ALJ is considered to be unavailable if the ALJ has died, terminated employment, or been transferred to another duty station, is on leave of absence, or is unable to conduct a hearing because of illness.