42 CFR § 498.85 - Procedures before the Departmental Appeals Board on review.

---
identifier: "/us/cfr/t42/s498.85"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 498.85 - Procedures before the Departmental Appeals Board on review."
title_number: 42
title_name: "Public Health"
section_number: "498.85"
section_name: "Procedures before the Departmental Appeals Board on review."
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: "2026-03-24"
last_updated: "2026-03-24"
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"
---


# 498.85 Procedures before the Departmental Appeals Board on review.

The parties are given, upon request, a reasonable opportunity to file briefs or other written statements as to fact and law, and to appear before the Departmental Appeals Board to present evidence or oral arguments. Copies of any brief or other written statement must be sent in accordance with § 498.17.