42 C.F.R. §405.374 - Opportunity for rebuttal

Cite as42 C.F.R. §405.374
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8 cases
  • Goffney v. Becerra, 19-56368
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • April 29, 2021
    ...although the regulations provide a mechanism for a provider to challenge a deactivation, Goffney did not invoke that mechanism. See 42 C.F.R. §§ 405.374(a), 405.375(a), 424.545(b).Instead, in 2015, Goffney attempted to reactivate his billing privileges. To do so, he submitted documents to N......
  • Acute Care Ambulance Serv. v. Azar, CIVIL ACTION NO. 7:20-cv-00217
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • December 3, 2020
    ...148. United States v. Butler, 297 U.S. 1, 62 (1936). 149. 42 U.S.C. § 1395y(o). 150. Dkt. No. 1 at 2, ¶ 3; Dkt. No. 9-1 at 19. 151. 42 C.F.R. § 405.374. 152. 42 C.F.R. § 405.375(a). 153. Id. § 405.375(c); accord 42 C.F.R. § 405.924 (actions that are initial determinations). 154. 42 C.F.R. §......
  • Visiting Nurses Assoc. v. Shalala, 99-3494
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • May 17, 2000
    ...any statement (to include any pertinent information) as to why it should not be put into effect on the date specified in the notice." 42 C.F.R. sec. 405.374. When one compares the "waiver" procedures for individuals to that for providers, the differences are evident. The procedure for indiv......
  • Angel's Touch Inc. v. Becerra, CV-21-08026-PCT-MTL
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. District of Arizona
    • May 26, 2021
    ...any statement (to include any pertinent information) as to why it should not be put into effect on the date specified in the notice." 42 C.F.R. § 405.374(a). Except as otherwise specified, a provider has "at least 15 days" following the notification to submit such a statement. Id. § 405.374......
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