Appeal of determinations

(A) In general Not later than 5 days after the date on which the Secretary of Health and Human Services makes any determination required by paragraph (2) with respect to a State, the Secretary shall notify the chief executive officer of the State of the determination.

(B) Review by administrative law judge (i) In general Not later than 60 days after the date on which a State receives notice under subparagraph (A) of a determination, the State may appeal the determination, in whole or in part, to an administrative law judge of the Department of Health and Human Services by filing an appeal with the administrative law judge. (ii) Documentation The administrative law judge shall consider an appeal filed by a State under clause (i) on the basis of such documentation as the State may submit and as the administrative law judge may require to support the final decision of the administrative law judge. (iii) Review In deciding whether to uphold a determination, in whole or in part, the administrative law judge shall conduct a thorough review of the issues and take into account all relevant evidence. (iv) Deadline Not later than 60 days after the date on which the record is closed, the administrative law judge shall— (I) make a final decision with respect to an appeal filed under clause (i); and (II) notify the chief executive officer of the State of the decision.

(C) Review by Departmental Appeals Board (i) In general Not later than 30 days after the date on which a State receives notice under subparagraph (B) of a final decision, the State may appeal the decision, in whole or in part, to the Departmental Appeals Board established in the Department of Health and Human Services (referred to in this paragraph as the “Board”) by filing an appeal with the Board. (ii) Review The Board shall review the decision on the record. (iii) Deadline Not later than 60 days after the date on which the appeal is filed, the Board shall— (I) make a final decision with respect to an appeal filed under clause (i); and (II) notify the chief executive officer of the State of the decision.

(D) Judicial review The determinations of the Secretary of Health and Human Services under paragraph (2), and a final decision of the administrative law judge or Board under subparagraphs (B) and (C), respectively, shall not be subject to judicial review.

(E) Reduced payments pending appeal The pendency of an appeal under this paragraph shall not affect the requirement that the Secretary reduce payments in accordance with paragraph (3).