42 CFR § 478.38 - Effect of a reconsidered determination.
---
identifier: "/us/cfr/t42/s478.38"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 478.38 - Effect of a reconsidered determination."
title_number: 42
title_name: "Public Health"
section_number: "478.38"
section_name: "Effect of a reconsidered determination."
chapter_name: "CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "F"
subchapter_name: "QUALITY IMPROVEMENT ORGANIZATIONS"
part_number: "478"
part_name: "RECONSIDERATIONS AND APPEALS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
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)."
cfr_part: "478"
---
# 478.38 Effect of a reconsidered determination.
A QIO reconsidered determination is binding upon all parties to the reconsideration unless—
(a) A hearing is requested in accordance with § 478.40 and a final decision rendered; or
(b) The reconsidered determination is later reopened and revised in accordance with § 478.48.
[50 FR 15372, Apr. 17, 1985; 50 FR 41887, Oct. 16, 1985, as amended at 62 FR 25855, May 12, 1997; 62 FR 49938, Sept. 24, 1997. Redesignated at 64 FR 66279, Nov. 24, 1999; 77 FR 68563, Nov. 15, 2012]