Code of Federal Regulations (alpha)

CFR /  Title 42  /  Part 423  /  Sec. 423.1976 Judicial review.

(a) Review of ALJ's decision. The enrollee may request judicial review of an ALJ's decision if--

(1) The MAC denied the enrollee's request for review; and

(2) The amount in controversy meets the threshold requirement established annually by the Secretary.

(b) Review of MAC decision. The enrollee may request judicial review of the MAC decision if it is the final decision of CMS and the amount in controversy meets the threshold established in paragraph (a)(2) of this section.

(c) How to request judicial review. In order to request judicial review, an enrollee must file a civil action in a district court of the United States in accordance with section 205(g) of the Act. (See Sec. 423.2136 for a description of the procedures to follow in requesting judicial review.)