Title 42--Public Health
CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES PART 405--FEDERAL HEALTH INSURANCE FOR THE AGED AND DISABLED
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405.201 |
Scope of subpart and definitions. |
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405.203 |
FDA categorization of investigational devices. |
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405.205 |
Coverage of a non-experimental/investigational (Category B) device. |
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405.207 |
Services related to a noncovered device. |
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405.209 |
Payment for a non-experimental/investigational (Category B) device. |
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405.211 |
Procedures for Medicare contractors in making coverage decisions for a non-experimental/investigational (Category B) device. |
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405.213 |
Re-evaluation of a device categorization. |
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405.215 |
Confidential commercial and trade secret information. |
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405.301 |
Scope of subpart. |
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405.350 |
Individual's liability for payments made to providers and other persons for items and services furnished the individual. |
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405.351 |
Incorrect payments for which the individual is not liable. |
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405.352 |
Adjustment of title XVIII incorrect payments. |
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405.353 |
Certification of amount that will be adjusted against individual title II or railroad retirement benefits. |
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405.354 |
Procedures for adjustment or recovery--title II beneficiary. |
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405.355 |
Waiver of adjustment or recovery. |
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405.356 |
Principles applied in waiver of adjustment or recovery. |
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405.357 |
Notice of right to waiver consideration. |
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405.358 |
When waiver of adjustment or recovery may be applied. |
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405.359 |
Liability of certifying or disbursing officer. |
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405.370 |
Definitions. |
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405.371 |
Suspension, offset, and recoupment of Medicare payments to providers and suppliers of services. |
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405.372 |
Proceeding for suspension of payment. |
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405.373 |
Proceeding for offset or recoupment. |
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405.374 |
Opportunity for rebuttal. |
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405.375 |
Time limits for, and notification of, administrative determination after receipt of rebuttal statement. |
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405.376 |
Suspension and termination of collection action and compromise of claims for overpayment. |
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405.377 |
Withholding Medicare payments to recover Medicaid overpayments. |
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405.378 |
Interest charges on overpayment and underpayments to providers, suppliers, and other entities. |
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405.380 |
Collection of past-due amounts on scholarship and loan programs. |
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405.400 |
Definitions. |
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405.405 |
General rules. |
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405.410 |
Conditions for properly opting-out of Medicare. |
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405.415 |
Requirements of the private contract. |
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405.420 |
Requirements of the opt-out affidavit. |
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405.425 |
Effects of opting-out of Medicare. |
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405.430 |
Failure to properly opt-out. |
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405.435 |
Failure to maintain opt-out. |
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405.440 |
Emergency and urgent care services. |
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405.445 |
Renewal and early termination of opt-out. |
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405.450 |
Appeals. |
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405.455 |
Application to Medicare+Choice contracts. |
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405.500 |
Basis. |
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405.501 |
Determination of reasonable charges. |
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405.502 |
Criteria for determining reasonable charges. |
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405.503 |
Determining customary charges. |
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405.504 |
Determining prevailing charges. |
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405.505 |
Determination of locality. |
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405.506 |
Charges higher than customary or prevailing charges or lowest charge levels. |
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405.507 |
Illustrations of the application of the criteria for determining reasonable charges. |
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405.508 |
Determination of comparable circumstances; limitation. |
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405.509 |
Determining the inflation-indexed charge. |
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405.511 |
Reasonable charges for medical services, supplies, and equipment. |
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405.512 |
Carriers' procedural terminology and coding systems. |
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405.515 |
Reimbursement for clinical laboratory services billed by physicians. |
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405.517 |
Payment for drugs and biologicals that are not paid on a cost or prospective payment basis. |
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405.520 |
Payment for a physician assistant's, nurse practitioner's, and clinical nurse specialists' services and services furnished incident to their professional services. |
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405.534 |
Limitation on payment for screening mammography services. |
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405.535 |
Special rule for nonparticipating physicians and suppliers furnishing screening mammography services before January 1, 2002. |
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405.701 |
Basis, purpose and definitions. |
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405.702 |
Notice of initial determination. |
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405.704 |
Actions which are initial determinations. |
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405.705 |
Actions which are not initial determinations. |
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405.706 |
Decisions of utilization review committees. |
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405.708 |
Effect of initial determination. |
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405.710 |
Right to reconsideration. |
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405.711 |
Time and place of filing request for reconsideration. |
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405.712 |
Extension of time to request reconsideration. |
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405.714 |
Withdrawal of request for reconsideration. |
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405.715 |
Reconsidered determination. |
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405.716 |
Notice of reconsidered determination. |
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405.717 |
Effect of a reconsidered determination. |
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405.718 |
Expedited appeals process. |
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405.720 |
Hearing; right to hearing. |
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405.722 |
Time and place of filing request for a hearing. |
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405.724 |
Departmental Appeals Board (DAB) review. |
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405.730 |
Court review. |
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405.732 |
Review of a national coverage determination (NCD). |
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405.740 |
Principles for determining the amount in controversy. |
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405.745 |
Amount in controversy ascertained after reconsideration. |
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405.747 |
Dismissal of request for hearing; amount in controversy less than $100. |
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405.750 |
Time period for reopening initial, revised, or reconsidered determinations and decisions or revised decisions of an ALJ or the Departmental Appeals Board (DAB); binding effect of determination and decisions. |
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405.753 |
Appeal of a categorization of a device. |
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405.801 |
Part B appeals--general description. |
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405.802 |
Definitions. |
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405.803 |
Initial determination. |
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405.804 |
Notice of initial determination. |
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405.805 |
Parties to the initial determination. |
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405.806 |
Effect of Initial Determination. |
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405.807 |
Request for review of initial determination. |
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405.808 |
Parties to the review. |
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405.809 |
Opportunity to submit evidence. |
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405.810 |
Review determination. |
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405.811 |
Notice of review determination. |
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405.812 |
Effect of review determination. |
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405.815 |
Amount in controversy for carrier hearing, ALJ hearing and judicial review. |
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405.817 |
Principles for determining amount in controversy. |
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405.821 |
Request for carrier hearing. |
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405.822 |
Parties to a carrier hearing. |
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405.823 |
Carrier hearing officer. |
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405.824 |
Disqualification of carrier hearing officer. |
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405.825 |
Location of carrier hearing. |
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405.826 |
Notice of carrier hearing. |
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405.830 |
Conduct of the carrier hearing. |
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405.831 |
Waiver of right to appear at carrier hearing and present evidence. |
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405.832 |
Dismissal of request for carrier hearing. |
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405.833 |
Record of carrier hearing. |
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405.834 |
Carrier hearing officer's decision. |
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405.835 |
Effect of carrier hearing officer's decision. |
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405.836 |
Authority of the carrier hearing officer. |
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405.841 |
Reopening initial or review determination of the carrier, and decision of a carrier hearing officer. |
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405.842 |
Notice of reopening and revision. |
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405.850 |
Change of ruling or legal precedent. |
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405.853 |
Expedited appeals process. |
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405.855 |
ALJ hearing. |
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405.856 |
Departmental Appeals Board (DAB) review. |
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405.857 |
Court review. |
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405.860 |
Review of a national coverage determination (NCD). |
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405.870 |
Appointment of representative. |
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405.871 |
Qualifications of representatives. |
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405.872 |
Authority of representatives. |
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405.874 |
Appeals of CMS or a CMS contractor. |
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405.877 |
Appeal of a categorization of a device. |
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405.900 |
Basis and scope. |
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405.902 |
Definitions. |
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405.904 |
Medicare initial determinations, redeterminations and appeals: General description. |
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405.906 |
Parties to the initial determinations, redeterminations, reconsiderations, hearings and reviews. |
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405.908 |
Medicaid State agencies. |
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405.910 |
Appointed representatives. |
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405.912 |
Assignment of appeal rights. |
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405.920 |
Initial determinations. |
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405.921 |
Notice of initial determination. |
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405.922 |
Time frame for processing initial determinations. |
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405.924 |
Actions that are initial determinations. |
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405.926 |
Actions that are not initial determinations. |
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405.927 |
Initial determinations subject to the reopenings process. |
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405.928 |
Effect of the initial determination. |
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405.940 |
Right to a redetermination. |
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405.942 |
Time frame for filing a request for a redetermination. |
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405.944 |
Place and method of filing a request for a redetermination. |
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405.946 |
Evidence to be submitted with the redetermination request. |
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405.948 |
Conduct of a redetermination. |
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405.950 |
Time frame for making a redetermination. |
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405.952 |
Withdrawal or dismissal of a request for a redetermination. |
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405.954 |
Redetermination. |
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405.956 |
Notice of a redetermination. |
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405.958 |
Effect of a redetermination. |
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405.960 |
Right to a reconsideration. |
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405.962 |
Timeframe for filing a request for a reconsideration. |
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405.964 |
Place and method of filing a request for a reconsideration. |
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405.966 |
Evidence to be submitted with the reconsideration request. |
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405.968 |
Conduct of a reconsideration. |
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405.970 |
Timeframe for making a reconsideration. |
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405.972 |
Withdrawal or dismissal of a request for a reconsideration. |
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405.974 |
Reconsideration. |
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405.976 |
Notice of a reconsideration. |
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405.978 |
Effect of a reconsideration. |
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405.980 |
Reopenings of initial determinations, redeterminations, and reconsiderations, hearings and reviews. |
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405.982 |
Notice of a revised determination or decision. |
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405.984 |
Effect of a revised determination or decision. |
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405.986 |
Good cause for reopening. |
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405.990 |
Expedited access to judicial review. |
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405.1000 |
Hearing before an ALJ: General rule. |
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405.1002 |
Right to an ALJ hearing. |
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405.1004 |
Right to ALJ review of QIC notice of dismissal. |
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405.1006 |
Amount in controversy required to request an ALJ hearing and judicial review. |
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405.1008 |
Parties to an ALJ hearing. |
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405.1010 |
When CMS or its contractors may participate in an ALJ hearing. |
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405.1012 |
When CMS or its contractors may be a party to a hearing. |
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405.1014 |
Request for an ALJ hearing. |
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405.1016 |
Time frames for deciding an appeal before an ALJ. |
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405.1018 |
Submitting evidence before the ALJ hearing. |
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405.1020 |
Time and place for a hearing before an ALJ. |
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405.1022 |
Notice of a hearing before an ALJ. |
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405.1024 |
Objections to the issues. |
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405.1026 |
Disqualification of the ALJ. |
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405.1028 |
Prehearing case review of evidence submitted to the ALJ. |
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405.1030 |
ALJ hearing procedures. |
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405.1032 |
Issues before an ALJ. |
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405.1034 |
When an ALJ may remand a case to the QIC. |
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405.1036 |
Description of an ALJ hearing process. |
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405.1037 |
Discovery. |
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405.1038 |
Deciding a case without a hearing before an ALJ. |
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405.1040 |
Prehearing and posthearing conferences. |
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405.1042 |
The administrative record. |
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405.1044 |
Consolidated hearing before an ALJ. |
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405.1046 |
Notice of an ALJ decision. |
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405.1048 |
The effect of an ALJ's decision. |
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405.1050 |
Removal of a hearing request from an ALJ to the MAC. |
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405.1052 |
Dismissal of a request for a hearing before an ALJ. |
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405.1054 |
Effect of dismissal of a request for a hearing before an ALJ. |
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405.1060 |
Applicability of national coverage determinations (NCDs). |
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405.1062 |
Applicability of local coverage determinations and other policies not binding on the ALJ and MAC. |
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405.1063 |
Applicability of CMS Rulings. |
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405.1064 |
ALJ decisions involving statistical samples. |
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405.1100 |
Medicare Appeals Council review: General. |
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405.1102 |
Request for MAC review when ALJ issues decision or dismissal. |
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405.1104 |
Request for MAC review when an ALJ does not issue a decision timely. |
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405.1106 |
Where a request for review or escalation may be filed. |
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405.1108 |
MAC actions when request for review or escalation is filed. |
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405.1110 |
MAC reviews on its own motion. |
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405.1112 |
Content of request for review. |
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405.1114 |
Dismissal of request for review. |
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405.1116 |
Effect of dismissal of request for MAC review or request for hearing. |
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405.1118 |
Obtaining evidence from the MAC. |
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405.1120 |
Filing briefs with the MAC. |
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405.1122 |
What evidence may be submitted to the MAC. |
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405.1124 |
Oral argument. |
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405.1126 |
Case remanded by the MAC. |
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405.1128 |
Action of the MAC. |
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405.1130 |
Effect of the MAC's decision. |
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405.1132 |
Request for escalation to Federal court. |
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405.1134 |
Extension of time to file action in Federal district court. |
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405.1136 |
Judicial review. |
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405.1138 |
Case remanded by a Federal district court. |
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405.1140 |
MAC review of ALJ decision in a case remanded by a Federal district court. |
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405.1200 |
Notifying beneficiaries of provider service terminations. |
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405.1202 |
Expedited determination procedures. |
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405.1204 |
Expedited reconsiderations. |
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405.1205 |
Notifying beneficiaries of hospital discharge appeal rights. |
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405.1206 |
Expedited determination procedures for inpatient hospital care. |
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405.1208 |
Hospital requests expedited QIO review. |
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405.1801 |
Introduction. |
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405.1803 |
Intermediary determination and notice of amount of program reimbursement. |
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405.1804 |
Matters not subject to administrative and judicial review under prospective payment. |
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405.1805 |
Parties to intermediary determination. |
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405.1807 |
Effect of intermediary determination. |
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405.1809 |
Intermediary hearing procedures. |
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405.1811 |
Right to intermediary hearing; contents of, and adding issues to, hearing request. |
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405.1813 |
Good cause extension of time limit for requesting an intermediary hearing. |
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405.1814 |
Intermediary hearing officer jurisdiction. |
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405.1815 |
Parties to proceedings before the intermediary hearing officer(s). |
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405.1817 |
Hearing officer or panel of hearing officers authorized to conduct intermediary hearing; disqualification of officers. |
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405.1819 |
Conduct of intermediary hearing. |
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405.1821 |
Prehearing discovery and other proceedings prior to the intermediary hearing. |
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405.1823 |
Evidence at intermediary hearing. |
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405.1825 |
Witnesses at intermediary hearing. |
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405.1827 |
Record of proceedings before the intermediary hearing officer(s). |
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405.1829 |
Scope of authority of intermediary hearing officer(s). |
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405.1831 |
Intermediary hearing decision. |
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405.1833 |
Effect of intermediary hearing decision. |
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405.1834 |
CMS reviewing official procedure. |
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405.1835 |
Right to Board hearing; contents of, and adding issues to, hearing request. |
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405.1836 |
Good cause extension of time limit for requesting a Board hearing. |
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405.1837 |
Group appeals. |
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405.1839 |
Amount in controversy. |
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405.1840 |
Board jurisdiction. |
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405.1842 |
Expedited judicial review. |
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405.1843 |
Parties to proceedings in a Board appeal. |
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405.1845 |
Composition of Board; hearings, decisions, and remands. |
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405.1847 |
Disqualification of Board members. |
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405.1849 |
Establishment of time and place of hearing by the Board. |
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405.1851 |
Conduct of Board hearing. |
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405.1853 |
Board proceedings prior to any hearing; discovery. |
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405.1855 |
Evidence at Board hearing. |
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405.1857 |
Subpoenas. |
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405.1859 |
Witnesses. |
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405.1861 |
Oral argument and written allegations. |
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405.1863 |
Administrative policy at issue. |
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405.1865 |
Record of administrative proceedings. |
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405.1867 |
Scope of Board's legal authority. |
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405.1868 |
Board actions in response to failure to follow Board rules. |
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405.1869 |
Scope of Board's authority in a hearing decision. |
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405.1871 |
Board hearing decision. |
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405.1875 |
Administrator review. |
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405.1877 |
Judicial review. |
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405.1881 |
Appointment of representative. |
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405.1883 |
Authority of representative. |
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405.1885 |
Reopening an intermediary determination or reviewing entity decision. |
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405.1887 |
Notice of reopening; effect of reopening. |
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405.1889 |
Effect of a revision; issue-specific nature of appeals of revised determinations and decisions. |
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405.2100 |
Scope of subpart. |
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405.2101 |
Objectives of the end-stage renal disease (ESRD) program. |
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405.2102 |
Definitions. |
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405.2102 |
Definitions. |
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405.2110 |
Designation of ESRD networks. |
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405.2112 |
ESRD network organizations. |
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405.2113 |
Medical review board. |
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405.2131 |
Condition: Provider status: Renal transplantation center or renal dialysis center. |
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405.2133 |
Condition: Furnishing data and information for ESRD program administration. |
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405.2134 |
Condition: Participation in network activities. |
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405.2135 |
Condition: Compliance with Federal, State and local laws and regulations. |
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405.2136 |
Condition: Governing body and management. |
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405.2137 |
Condition: Patient long-term program and patient care plan. |
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405.2138 |
Condition: Patients' rights and responsibilities. |
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405.2139 |
Condition: Medical records. |
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405.2140 |
Condition: Physical environment. |
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405.2150 |
Condition: Reuse of hemodialyzers and other dialysis supplies. |
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405.2160 |
Condition: Affiliation agreement or arrangement. |
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405.2161 |
Condition: Director of a renal dialysis facility or renal dialysis center. |
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405.2162 |
Condition: Staff of a renal dialysis facility or renal dialysis center. |
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405.2163 |
Condition: Minimal service requirements for a renal dialysis facility or renal dialysis center. |
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405.2164 |
Conditions for coverage of special purpose renal dialysis facilities. |
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405.2180 |
Termination of Medicare coverage. |
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405.2181 |
Alternative sanctions. |
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405.2182 |
Notice of sanction and appeal rights: Termination of coverage. |
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405.2184 |
Notice of appeal rights: Alternative sanctions. |
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405.2400 |
Basis. |
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405.2401 |
Scope and definitions. |
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405.2402 |
Basic requirements. |
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405.2403 |
Content and terms of the agreement with the Secretary. |
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405.2404 |
Terminations of agreements. |
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405.2410 |
Application of Part B deductible and coinsurance. |
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405.2411 |
Scope of benefits. |
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405.2412 |
Physicians' services. |
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405.2413 |
Services and supplies incident to a physician's services. |
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405.2414 |
Nurse practitioner and physician assistant services. |
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405.2415 |
Services and supplies incident to nurse practitioner and physician assistant services. |
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405.2416 |
Visiting nurse services. |
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405.2417 |
Visiting nurse services: Determination of shortage of agencies. |
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405.2430 |
Basic requirements. |
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405.2434 |
Content and terms of the agreement. |
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405.2436 |
Termination of agreement. |
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405.2440 |
Conditions for reinstatement after termination by CMS. |
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405.2442 |
Notice to the public. |
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405.2444 |
Change of ownership. |
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405.2446 |
Scope of services. |
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405.2448 |
Preventive primary services. |
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405.2450 |
Clinical psychologist and clinical social worker services. |
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405.2452 |
Services and supplies incident to clinical psychologist and clinical social worker services. |
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405.2460 |
Applicability of general payment exclusions. |
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405.2462 |
Payment for rural health clinic and Federally qualified health center services. |
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405.2463 |
What constitutes a visit. |
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405.2464 |
All-inclusive rate. |
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405.2466 |
Annual reconciliation. |
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405.2468 |
Allowable costs. |
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405.2469 |
Federally Qualified Health Centers supplemental payments. |
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405.2470 |
Reports and maintenance of records. |
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405.2472 |
Beneficiary appeals. |