42 CFR § 423.2118 - Obtaining evidence from the Council.
---
identifier: "/us/cfr/t42/s423.2118"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 423.2118 - Obtaining evidence from the Council."
title_number: 42
title_name: "Public Health"
section_number: "423.2118"
section_name: "Obtaining evidence from the Council."
chapter_name: "CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "B"
subchapter_name: "MEDICARE PROGRAM"
part_number: "423"
part_name: "VOLUNTARY MEDICARE PRESCRIPTION DRUG BENEFIT"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 1302, 1306, 1395w-101 through 1395w-152, and 1395hh."
regulatory_source: "70 FR 4525, Jan. 28, 2005, unless otherwise noted."
cfr_part: "423"
---
# 423.2118 Obtaining evidence from the Council.
An enrollee may request and receive a copy of all or part of the record of the ALJ's or attorney adjudicator's action, including any index of the administrative record, documentary evidence, and a copy of the audio recording of the oral proceedings. However, the enrollee may be asked to pay the costs of providing these items. If an enrollee requests evidence from the Council and an opportunity to comment on that evidence, the time beginning with the Council's receipt of the request for evidence through the expiration of the time granted for the enrollee's response will not be counted toward the adjudication deadline.
[74 FR 65363, Dec. 9, 2009, as amended at 82 FR 5138, Jan. 17, 2017]