Appeals to Board
The Board provides de novo review (which may include an evidentiary hearing) of certain types of final decisions of HHS operating components, such as:
- Determinations in discretionary, project grant programs, including disallowances, terminations and denials of refunding, cost allocation plan disapprovals, and rate determinations; and
- Determinations in mandatory grant programs, including disallowances of state claims under titles I, IV-A (Temporary Assistance for Needy Families), IV-D (Child Support Enforcement), IV-E (Foster Care and Adoption Assistance), X, XIV, XVI, XIX (Medicaid), and XXI (State Children's Health Insurance Program) of the Social Security Act.
The Board also provides appellate review of certain types of Administrative Law Judge (ALJ) decisions, which may be appealed by either party. These include most types of decisions of ALJs assigned to the DAB (described on the DAB Webpage under "Civil Remedies Division"), decisions of Food and Drug Administration ALJs regarding civil money penalties, and decisions of Department of the Interior ALJs in Indian Health Service contract/compact cases.
In most cases, the Board decision is the final administrative decision of HHS.
To obtain current information about whether there are regulations or other authorities providing for Board review of a particular type of dispute, you may call the Appellate Division at 202-565-0208.
Department of Health & Human Services Departmental Appeals Board, MS 6127
330 Independence Ave., S.W.
Cohen Building, Room G-644
Washington, DC 20201