42 CFR 426.465 - Appealing part or all of an ALJ's decision.
§ 426.465
Appealing part or all of an ALJ's decision.
(a) Circumstances under which an aggrieved party may appeal part or all of an ALJ's decision.
An aggrieved party (including one or more aggrieved parties named in a joint complaint and an aggrieved party who is part of a consolidated LCD review) may appeal to the Board any part of an ALJ's decision that does the following:
(b) Circumstance under which a contractor or CMS may appeal part or all of an ALJ's decision.
A contractor or CMS may appeal to the Board any part of an ALJ's decision that states that a provision (or provisions) of an LCD is (are) unreasonable.
(c) Stay of an implementation pending appeal.
(1)
If an ALJ's decision finds a provision or provisions of an LCD unreasonable, an appeal by a contractor or CMS stays implementation as described under § 426.460(b) until the Board issues a final decision.
(2)
The appeal request must be submitted to the Board in accordance with paragraph (e) of this section.
(d) Circumstances under which an ALJ's decision may not be appealed.
An ALJ's decision dismissing a complaint is not subject to appeal in either of the following circumstances:
(e) Receipt of the appeal by the Board.
Unless there is good cause shown, an appeal described in paragraphs (a) or (b) of this section must be filed with the Board within 30 days of the date the ALJ's decision was issued.
(f) Filing an appeal.
(1)
To file an appeal described in paragraph (a) of this section, an aggrieved party, who sought LCD review, a contractor, or CMS must send the following to the Board:
Title 42 published on 2012-10-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.
This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].
It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.
