Page:United States Statutes at Large Volume 114 Part 5.djvu/575

 PUBLIC LAW 106-554—APPENDIX F 114 STAT. 2763A-535 the fiscal intermediary or carrier has made a redetermination of that initial determination under this paragraph. " (ii) DECISIONMAKER.— No redetermination may be made by any individual involved in the initial determination. "(C) DEADLINES.— "(i) FILING FOR REDETERMINATION.—^A redetermination under subparagraph (A) shall be available only if notice is filed with the Secretary to request the redetermination by not later than the end of the 120-day period beginning on the date the individual receives notice of the initial determination under paragraph (2). "(ii) CONCLUDING REDETERMINATIONS.—Redeterminations shall be concluded by not later than the 30-day period beginning on the date the fiscal intermediary or the carrier, as the case may be, receives a request for a redetermination. Notice of such determination shall be mailed to the individual filing the claim before the conclusion of such 30-day period. "(D) CONSTRUCTION.—For purposes of the succeeding provisions of this section a redetermination under this paragraph shall be considered to be part of the initial determination, "(b) APPEAL RIGHTS. — " (1) IN GENERAL.— "(A) RECONSIDERATION OF INITIAL DETERMINATION.— Subject to subparagraph (D), any individual dissatisfied with any initial determination under subsection (a)(1) shall be entitled to reconsideration of the determination, and, subject to subparagraphs (D) and (E), a hearing thereon by the Secretary to the same extent as is provided in section 205(b) and to judicial review of the Secretary's final decision after such hearing as is provided in section 205(g). For purposes of the preceding sentence, any ref- erence to the 'Commissioner of Social Security' or the 'Social Security Administration' in subsection (g) or (1) of section 205 shall be considered a reference to the 'Secretary' or the 'Department of Health and Human Services', respectively. "(B) REPRESENTATION BY PROVIDER OR SUPPLIER. — "(i) IN GENERAL.—Sections 206(a), 1102, and 1871 shall not be construed as authorizing the Secretary to prohibit an individual from being represented under this section by a person that furnishes or supplies the individual, directly or indirectly, with services or items, solely on the basis that the person furnishes or supplies the individual with such a service or item. " (ii) MANDATORY WAIVER OF RIGHT TO PAYMENT FROM BENEFICIARY.—Aay person that furnishes services or items to an individual may not represent an individual under this section with respect to the issue described in section 1879(a)(2) unless the person has waived any rights for payment from the beneficiary with respect to the services or items involved in the appeal.

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