42 CFR § 425.806 - On-the-record review of reconsideration official's recommendation by independent CMS official.

---
identifier: "/us/cfr/t42/s425.806"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 425.806 - On-the-record review of reconsideration official's recommendation by independent CMS official."
title_number: 42
title_name: "Public Health"
section_number: "425.806"
section_name: "On-the-record review of reconsideration official's recommendation by independent CMS official."
chapter_name: "CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "B"
subchapter_name: "MEDICARE PROGRAM"
part_number: "425"
part_name: "MEDICARE SHARED SAVINGS PROGRAM"
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, 1395hh, and 1395jjj."
regulatory_source: "76 FR 67973, Nov. 2, 2011, unless otherwise noted."
cfr_part: "425"
---


# 425.806 On-the-record review of reconsideration official's recommendation by independent CMS official.

(a)(1) If CMS or the ACO disagrees with the recommendation of the reconsideration official, it may request an on the record review of the initial determination and recommendation by an independent CMS official who was not involved in the initial determination or the reconsideration review process.

(2) In order to request an on-the-record review, CMS or the ACO must submit an explanation of why it disagrees with the recommendation by the timeframe and in the format indicated in the reconsideration official's recommendation letter.

(b) The on-the-record review process is based only on evidence presented during the reconsideration review.

(c) The independent CMS official considers the recommendation of the reconsideration official and makes a final agency determination.