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42 U.S.C. § 1320c–4 — Right to hearing and judicial review

submitted 91 years ago by Pub. L. 97-248 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 195 words · no verdicts yet

in plain englishAI-generated · not legal advice

A beneficiary, and in specified circumstances a practitioner or provider, may ask the reviewing organization to reconsider an unfavorable determination. Beneficiaries may receive a Secretary hearing and judicial review when the amount in dispute meets the stated thresholds.

A beneficiary entitled to subchapter XVIII benefits, and—subject to section 1320c–3(a)(3)(D)—a practitioner or provider dissatisfied with a contracted organization’s review determination, is entitled to reconsideration by that organization. If reconsideration is adverse to the beneficiary and at least $200 is in dispute, the beneficiary is entitled to a Secretary hearing to the same extent as a subchapter II beneficiary’s hearing right under section 405(b). Section 405(l) applies, treating references to the Commissioner or Social Security Administration as references to the Secretary or Department of Health and Human Services. If at least $2,000 is in dispute, the beneficiary is entitled to judicial review of the final decision about reconsideration.

the actual law source: uscode.house.gov ↗public domain

Any beneficiary who is entitled to benefits under subchapter XVIII, and, subject to section 1320c–3(a)(3)(D) of this title, any practitioner or provider, who is dissatisfied with a determination made by a contracting quality improvement organization in conducting its review responsibilities under this part, shall be entitled to a reconsideration of such determination by the reviewing organization. Where the reconsideration is adverse to the beneficiary and where the matter in controversy is $200 or more, such beneficiary shall be entitled to a hearing by the Secretary (to the same extent as beneficiaries under subchapter II are entitled to a hearing by the Commissioner of Social Security under section 405(b) of this title). For purposes of the preceding sentence, subsection (l) of section 405 of this title shall apply, except that any reference in such subsection to the Commissioner of Social Security or the Social Security Administration shall be deemed a reference to the Secretary or the Department of Health and Human Services, respectively. Where the amount in controversy is $2,000 or more, such beneficiary shall be entitled to judicial review of any final decision relating to a reconsideration described in this subsection.

Source credit: (Aug. 14, 1935, ch. 531, title XI, § 1155, as added Pub. L. 97–248, title I, § 143, Sept. 3, 1982, 96 Stat. 388; amended Pub. L. 101–239, title VI, § 6224(b)(2), Dec. 19, 1989, 103 Stat. 2257; Pub. L. 103–296, title I, § 108(b)(14), Aug. 15, 1994, 108 Stat. 1485; Pub. L. 112–40, title II, § 261(a)(2)(C), Oct. 21, 2011, 125 Stat. 423.)

history & why it existsrecord from the source credit
  • 1935Enacted · Pub. L. 97-248 · 96 Stat. 388
  • 1989Amended · Pub. L. 101-239 · 103 Stat. 2257
  • 1994Amended · Pub. L. 103-296 · 108 Stat. 1485
  • 2011Amended · Pub. L. 112-40 · 125 Stat. 423

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-248 on 1935-08-14.

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