42 CFR 405.1048 : Public Health (Part 1 To Parts 1009-1099) — (Subpart A To § 413.355) — Centers For Medicare & Medicaid Services, Department Of Health And Human Services (Subpart A To § 413.355) — Medicare Program (Subpart A To § 413.355) — Federal Health Insurance For The Aged And Disabled (Subpart A To § 405.2472) — Determinations, Redeterminations, Reconsiderations, And Appeals Under Original Medicare (Part A And Part B) (§ 405.900 To § 405.1140) — Alj Hearings (§ 405.1000 To § 405.1054) — The effect of an ALJ's decision.

4 Aug 2016

The decision of the ALJ is binding on all parties to the hearing unless -

(a) A party to the hearing requests a review of the decision by the MAC within the stated time period or the MAC reviews the decision issued by an ALJ under the procedures set forth in § 405.1110, and the MAC issues a final decision or remand order or the appeal is escalated to Federal district court under the provisions at § 405.1132 and the Federal district court issues a decision.

(b) The decision is reopened and revised by an ALJ or the MAC under the procedures explained in § 405.980;

(c) The expedited access to judicial review process at § 405.990 is used;

(d) The ALJ's decision is a recommended decision directed to the MAC and the MAC issues a decision; or

(e) In a case remanded by a Federal district court, the MAC assumes jurisdiction under the procedures in § 405.1138 and the MAC issues a decision.

42 CFR 405.1048
[70 FR 11472, Mar. 8, 2005, as amended at 74 FR 65336, Dec. 9, 2009]