42 CFR § 498.90 - Effect of Departmental Appeals Board decision.
---
identifier: "/us/cfr/t42/s498.90"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 498.90 - Effect of Departmental Appeals Board decision."
title_number: 42
title_name: "Public Health"
section_number: "498.90"
section_name: "Effect of Departmental Appeals Board decision."
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"
---
# 498.90 Effect of Departmental Appeals Board decision.
(a) *General rule.* The Board's decision is binding unless—
(1) The affected party has a right to judicial review and timely files a civil action in a United States District Court or, in the case of a civil money penalty, in a United States Court of Appeals; or
(2) The Board reopens and revises its decision in accordance with § 498.102.
(b) *Right to judicial review.* Section 498.5 specifies the circumstances under which an affected party has a right to seek judicial review.
(c) *Special rules: Civil money penalty*—(1) *Finality of Board's decision.* When CMS imposes a civil money penalty, notice of the Board's decision (or denial of review) is the final administrative action that initiates the 60-day period for seeking judicial review.
(2) *Timing for collection of civil money penalty.* For SNFs and NFs, the rules that apply are those set forth in subpart F of part 488 of this chapter.
[61 FR 32351, June 24, 1996]