Right to Pre-exclusion Preliminary Hearing(s)

9065.2 – Right to Pre-exclusion Preliminary Hearing(s) (Rev. 24, Issued: 02-12-16, Effective: 03-14-16, Implementation: 03-14-16) A practitioner or other person excluded from participation in Medicare and any State health care programs under §1156 of the Act may request a preliminary hearing if the location where the services are rendered to more than 50 percent of the practitioner’s or other person’s patients at the time of the exclusion notice is in a rural Health Professional Shortage Area (HPSA) or in a county with a population of less than 70,000. A request for a preliminary hearing may stay the exclusion pending the decision of the ALJ at the preliminary hearing. The preliminary hearing decision is not appealable or subject to further administrative or judicial review. (See 42 CFR §1004.140(a)(4).)