Oduah Daniel Osaro, M.D., ALJ Ruling 2027-6 (HHS-CRD October 23, 2026)

RULING

Petitioner, Oduah Danial Osaro, is a physician who had been enrolled as a supplier of Medicare services.  The Centers for Medicare & Medicaid Services (CMS) revoked Petitioner’s Medicare participation pursuant to 42 C.F.R. § 424.535(a)(12) and also placed him on the preclusion list. 

Petitioner appealed. 

On November 1, 2023, an Administrative Law Judge1 issued a decision affirming CMS’s determination.  Oduah Daniel Osaro, M.D., DAB CR6385 (2023).  It appears that neither party filed a request for review with the Departmental Appeals Board pursuant to 42 C.F.R. § 498.82.  After 60 days, the decision became final and binding.  42 C.F.R. § 498.74. 

In a motion dated October 9, 2026, Petitioner requests that this matter be reopened based on newly discovered evidence and constitutional due process.  However, I do not have the authority to grant the relief that Petitioner requests.  Because the decision is final, I

Page 2

may not alter it unless I reopen the matter pursuant to 42 C.F.R. § 498.100.  But the regulation authorizes reopening “within 60 days from the date of the notice of decision. . . .”  42 C.F.R. § 498.100(a).  Sixty days from November 1, 2023 was January 2, 2024.2  The regulations do not give me the authority to extend that deadline, for good cause or any other reason. 

Because I have no authority to reopen the November 1, 2023 decision, I deny Petitioner’s motion. 

Served by DAB E-File; courtesy copy to Petitioner by US Mail.