Subpart A General Provisions
Subpart B Initial, Reconsidered, and Revised Determinations
Subpart C Reopening of Initial or Reconsidered Determinations
Subpart D Hearings
Subpart E Departmental Appeals Board Review
Subpart F Reopening of Decisions Made by Administrative Law Judges or the Departmental Appeals Board

Terms Used In 42 CFR Part 498 - Appeals Procedures for Determinations That Affect Participation in the Medicare Program and for Determinations That Affect the Participation of Icfs/Iid and Certain Nfs in the Medicaid Program

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • ALJ: includes any ALJ of the Department of Health and Human Services or members of the Board who are designated to conduct a hearing. See 42 CFR 498.44
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Oath: A promise to tell the truth.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • party: means the affected party or CMS, as appropriate. See 42 CFR 498.2
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.