42 C.F.R. §405.1036 - Description of an ALJ hearing process

Cite as42 C.F.R. §405.1036
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22 cases
  • Executive Dir. Of The Office Of Vt. Health Access O/b/o Francis Carey v. Sebelius, Case No. 2:08-CV-168.
    • United States
    • United States District Courts. 2nd Circuit. District of Vermont
    • March 15, 2010
    ...and, if the intermediary elects to participate in the hearing, the claimant 698 F.Supp.2d 447 may conduct discovery. 42 C.F.R. §§ 405.1018, 405.1036, 405.1037. If the claimant is dissatisfied with the ALJ's decision, he or she may appeal the decision to the Medicare Appeals Council (“MAC”).......
  • Family Rehab., Inc. v. Azar, 17-11337
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • March 27, 2018
    ...the opportunity to have a live hearing, present testimony, cross-examine witnesses, and submit written statements of law and fact. 42 C.F.R. § 405.1036(c)–(d). The ALJ "shall conduct and conclude a hearing ... and render a decision ... not later than" 90 days after a timely request. 42 U.S.......
  • Willowood of Great Barrington, Inc. v. Sebelius, C.A. No. 08-CV-30076-MAP.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Massachusetts
    • July 28, 2009
    ...to submit new evidence, and, if the contractor elects to participate in the hearing, the claimant may take discovery. 42 C.F.R. §§ 405.1018, 405.1036, 405.1037(a). If the claimant still remains dissatisfied, he may appeal the ALJ decision to the MAC. 42 U.S.C. § 1395ff(d)(2); 42 C.F.R. §§ 4......
  • In Touch Home Health Agency, Inc. v. Azar, Case No. 19 C 1545
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • October 24, 2019
    ...is entitled to a live hearing and can present testimony, cross-examine witnesses, and submit written statements of law and fact. See 42 C.F.R. § 405.1036(c) - (d). The ALJ "shall conduct and conclude a hearing on a decision of a [QIC] ... and render a decision ... not later than" 90 days af......
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