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| Subpart D | Appeals of Civil Monetary Penalties | 182.80 – 182.90 | ||||||
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Section 3202(b), Pub. L. 116-136, 134 Stat. 281.
85 FR 71203, Nov. 6, 2020, unless otherwise noted.
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(a) A provider upon which CMS has imposed a penalty under this part may appeal that penalty in accordance with subpart D of part 150 of this title, except as specified in paragraph (b) of this section.
(b) For purposes of applying subpart D of part 150 of this title to appeals of civil monetary penalties under this part:
(1) “Respondent” means a provider, as defined in § 182.20 that received a notice of imposition of a civil monetary penalty according to § 182.70(b).
(2) In deciding whether the amount of a civil money penalty is reasonable, the administrative law judge (ALJ) may only consider evidence of record relating to the following:
(i) The provider's posting(s) of its cash price information, if available.
(ii) Material the provider timely previously submitted to CMS (including with respect to corrective actions and corrective action plans).
(iii) Material CMS used to monitor and assess the provider's compliance according to § 182.70(a)(2).
(3) The ALJ's consideration of evidence of acts other than those at issue in the instant case under § 150.445(g) of this title does not apply.
(a) If a provider does not request a hearing within 30 calendar days of the issuance of the notice of imposition of a civil monetary penalty described in § 182.70(b), CMS may impose the civil monetary penalty indicated in such notice without right of appeal in accordance with this part.
(1) If the 30th calendar day described paragraph (a) of this section is a weekend or a Federal holiday, then the timeframe is extended until the end of the next business day.
(2) [Reserved]
(b) The provider has no right to appeal a penalty with respect to which it has not requested a hearing in accordance with § 150.405 of this title, unless the provider can show good cause, as determined at § 150.405(b) of this title, for failing to timely exercise its right to a hearing.