42 CFR § 423.2138 - Case remanded by a Federal District Court.
---
identifier: "/us/cfr/t42/s423.2138"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 423.2138 - Case remanded by a Federal District Court."
title_number: 42
title_name: "Public Health"
section_number: "423.2138"
section_name: "Case remanded by a Federal District Court."
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"
---
# 423.2138 Case remanded by a Federal District Court.
When a Federal District Court remands a case to the Secretary for further consideration, unless the court order specifies otherwise, the Council, acting on behalf of the Secretary, may make a decision, or it may remand the case to an ALJ or attorney adjudicator with instructions to take action and either issue a decision, take other action, or return the case to the Council with a recommended decision. If the Council remands a case, the procedures specified in § 423.2140 will be followed.
[74 FR 65363, Dec. 9, 2009, as amended at 82 FR 5139, Jan. 17, 2017]