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e-CFR Data is current as of February 4, 2010
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/MR AND CERTAIN NFs IN THE MEDICAID PROGRAM
Subpart A--GENERAL PROVISIONS
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| NFs subject to appeals process in part 498. |
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| Appointment of representatives. |
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| Authority of representatives. |
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| Fees for services of representatives. |
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| Filing of briefs with the ALJ or Departmental Appeals Board, and opportunity for rebuttal. |
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Subpart B--INITIAL, RECONSIDERED, AND REVISED DETERMINATIONS
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| Notice and effect of initial determinations. |
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| Withdrawal of request for reconsideration. |
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| Reconsidered determination. |
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| Notice and effect of reconsidered determination. |
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Subpart C--REOPENING OF INITIAL OR RECONSIDERED DETERMINATIONS
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| Notice and effect of reopening and revision. |
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Subpart D--HEARINGS
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| Designation of hearing official. |
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| Disqualification of Administrative Law Judge. |
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| Notice of prehearing conference. |
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| Conduct of prehearing conference. |
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| Record, order, and effect of prehearing conference. |
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| Time and place of hearing. |
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| Change in time and place of hearing. |
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| Oral and written summation. |
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| Waiver of right to appear and present evidence. |
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| Dismissal of request for hearing. |
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| Dismissal for abandonment. |
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| Notice and effect of dismissal and right to request review. |
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| Vacating a dismissal of request for hearing. |
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| Administrative Law Judge's decision. |
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| Removal of hearing to Departmental Appeals Board. |
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| Remand by the Administrative Law Judge. |
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| Timeframes for deciding an enrollment appeal before an ALJ. |
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Subpart E--DEPARTMENTAL APPEALS BOARD REVIEW
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| Right to request Departmental Appeals Board review of Administrative Law Judge's decision or dismissal. |
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| Request for Departmental Appeals Board review. |
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| Departmental Appeals Board action on request for review. |
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| Procedures before the Departmental Appeals Board on review. |
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| Evidence admissible on review. |
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| Decision or remand by the Departmental Appeals Board. |
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| Effect of Departmental Appeals Board decision. |
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| Extension of time for seeking judicial review. |
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Subpart F--REOPENING OF DECISIONS MADE BY ADMINISTRATIVE LAW JUDGES OR THE DEPARTMENTAL APPEALS BOARD
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| Basis, timing, and authority for reopening an ALJ or Board decision. |
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| Revision of reopened decision. |
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| Notice and effect of revised decision. |
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