42 CFR § 426.468 - Decision to not appeal an ALJ's decision.

---
identifier: "/us/cfr/t42/s426.468"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 426.468 - Decision to not appeal an ALJ's decision."
title_number: 42
title_name: "Public Health"
section_number: "426.468"
section_name: "Decision to not appeal an ALJ's decision."
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"
---


# 426.468 Decision to not appeal an ALJ's decision.

(a) Failure to timely appeal without good cause shown waives the right to challenge any part(s) of the ALJ's decision under § 426.465.

(b) Unless the Board finds good cause shown for late filing, an untimely appeal is dismissed.

(c) If a party does not timely appeal any part(s) of the ALJ's decision on an LCD review to the Board, as provided in this subpart, then the ALJ's decision is final and not subject to further review.