42 CFR § 498.78 - Remand by the Administrative Law Judge.
---
identifier: "/us/cfr/t42/s498.78"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 498.78 - Remand by the Administrative Law Judge."
title_number: 42
title_name: "Public Health"
section_number: "498.78"
section_name: "Remand by the Administrative Law Judge."
chapter_name: "CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "G"
subchapter_name: "STANDARDS AND CERTIFICATION"
part_number: "498"
part_name: "APPEALS PROCEDURES FOR DETERMINATIONS THAT AFFECT PARTICIPATION IN THE MEDICARE PROGRAM AND FOR DETERMINATIONS THAT AFFECT THE PARTICIPATION OF ICFs/IID AND CERTAIN NFs IN THE MEDICAID 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, 1320a-7j, and 1395hh."
regulatory_source: "52 FR 22446, June 12, 1987, unless otherwise noted."
cfr_part: "498"
---
# 498.78 Remand by the Administrative Law Judge.
(a) If CMS requests a remand, the ALJ may remand any case properly before him or her to CMS.
(b) The ALJ may remand at any time before notice of hearing decision is mailed.
[52 FR 22446, June 12, 1987, as amended at 73 FR 36463, June 27, 2008]