42 CFR § 426.445 - Witness fees.

---
identifier: "/us/cfr/t42/s426.445"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 426.445 - Witness fees."
title_number: 42
title_name: "Public Health"
section_number: "426.445"
section_name: "Witness fees."
chapter_name: "CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "B"
subchapter_name: "MEDICARE PROGRAM"
part_number: "426"
part_name: "REVIEW OF NATIONAL COVERAGE DETERMINATIONS AND LOCAL COVERAGE DETERMINATIONS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Secs. 1102 and 1871 of the Social Security Act (42 U.S.C. 1302 and 1395hh)"
regulatory_source: "68 FR 63716, Nov. 7, 2003, unless otherwise noted."
cfr_part: "426"
---


# 426.445 Witness fees.

(a) A witness testifying at a hearing before an ALJ receives the same fees and mileage as witnesses in Federal district courts of the United States. If the witness qualifies as an expert, he or she is entitled to an expert witness fee. Witness fees are paid by the party seeking to present the witness.

(b) If an ALJ requests expert testimony, the appropriate office overseeing the ALJ is responsible for paying all applicable fees and mileage, unless the expert waives payment.