Henderson Podiatry LLC, DAB No. 3197 (2025)

DECISION TO SUMMARILY AFFIRM ADMINISTRATIVE LAW JUDGE DECISION

Henderson Podiatry, LLC (Petitioner) appeals the March 7, 2025 decision of an Administrative Law Judge (ALJ) holding that the effective date for the reactivation of Petitioner’s Medicare billing privileges is July 23, 2024. Henderson Podiatry, LLC, DAB CR6631 (2025) (ALJ Decision). The ALJ affirmed the determination by the Centers for Medicare & Medicaid Services (CMS) of the effective date because “Petitioner does not dispute that CMS correctly set July 23, 2024, as the reactivation effective date for Medicare billing privileges.” ALJ Decision at 5.

Petitioner’s request for review of the ALJ Decision is a copy of its request for an ALJ hearing and thus presents the arguments the ALJ addressed and rejected (i.e., a desire for an earlier effective date based on claims of financial hardship; that its failure to timely recertify enrollment information was caused by the termination of an employee) but does not explain why or how the ALJ erred. The ALJ addressed these arguments and analyzed all the relevant factors in finding the effective date for the reactivation is July 23, 2024. See ALJ Decision at 4-5.

The regulations governing this appeal require that an appeal of an ALJ decision “must specify the issues, the findings of fact or conclusions of law with which the party disagrees, and the basis for contending that the findings and conclusions are incorrect.” 42 C.F.R. § 498.82(b). Absent any exceptions to the initial decision or any explanation of how and why the ALJ erred, and having considered the ALJ’s decision, the record of

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the ALJ proceedings, and Petitioner’s arguments, we find no basis to disturb the ALJ’s factual findings or legal conclusions. We therefore summarily affirm the ALJ Decision.