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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 E - Departmental Appeals Board Review

  § 498.90 - Effect of Departmental Appeals Board decision.  

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  • § 498.90 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 § 498.102.

    (b) Right to judicial review. Section 498.5 specifies the circumstances under which an affected party has a right to seek judicial review.

    (c) Special rules: Civil money penalty -

    (1) 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-day period for seeking judicial review.

    (2) Timing for collection of civil money penalty. For SNFs and NFs, the rules that apply are those set forth in subpart F of part 488 of this chapter.

    [61 FR 32351, June 24, 1996]