{"data":{"id":"us/42-cfr-423.1086","jurisdiction":"us","citation":"42 CFR 423.1086","heading":"Effect of Departmental Appeals Board Decision.","body":"(a) General rule. The Board's decision is binding unless—\n(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\n(2) The Board reopens and revises its decision in accordance with 423.1092.\n(b) Right to judicial review. Section 423.1006 specifies the circumstances under which an affected party has a right to seek judicial review.\n(c) Special rules: Civil money penalty. 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-calendar day period for seeking judicial review.","path":["Title 42—Public Health","CHAPTER IV—CENTERS FOR MEDICARE \u0026 MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES","SUBCHAPTER B—MEDICARE PROGRAM","PART 423—VOLUNTARY MEDICARE PRESCRIPTION DRUG BENEFIT","Subpart T—Appeal Procedures for Civil Money Penalties"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-42.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:11Z","sha256":"2fd2eb24cc090d753ec5e5d649a74e80a042511f2df409c6f512e2682ab02d21","source_id":"us-cfr","stale":true,"prev":"us/42-cfr-423.1084","next":"us/42-cfr-423.1088"},"notice":"GroundRules: Original legal text. Not legal advice."}