Skip to main content
U.S. flag

An official website of the United States government

Return to Search

Presentation of Evidence webpage

Guidance for practical recommendations of how parties should submit certain documents for hearings

Final

Issued by: Centers for Medicare & Medicaid Services (CMS)

Issue Date: August 24, 2018

The following are the Board's suggestions for facilitating presentation of evidence and developing a complete record:

  1. Voluminous documents: If the Board has to fumble through exhibits to keep up, it slows the hearing, interrupts the train of thought and distracts from the points you are trying to make.
  2. Separate exhibits with tabs.
  3. Number the pages of exhibits that exceed three pages.
  4. Don't bind documents so that some text is unreadable or so that the pages cannot be opened without the binder falling apart. Although the Board's instructions state that the official, permanent record submission of position papers and exhibits should not be in a loose-leaf notebook, the extra copies for each Board member may be in notebooks.
  5. If you have multiple bound submissions, use different color binders for easy identification.
  6. If a document has data or language you will be referring to often, consider preparing a blowup exhibit of that part.
  7. If some documents will be referred to frequently or you will be going back and forth between several documents, consider making a "frequent exhibit," or excerpts of exhibits submission for each Board member and the opponent. Label them the same as the exhibits in the record and highlights.
  8. Use summaries to present voluminous data. Summaries must be presented sufficiently in advance to your opponent to allow analysis of the source data to be sure the summary accurately represents the source data. Source data must be part of the record unless the parties stipulate that the summary fairly represents the source data.
  9. Know what you must prove to win. Be able to list disputed material facts and what evidence supports each.
  10. If essential exhibits are not self-explanatory or the information contained in the exhibit is in dispute, assure that a witness who has personal knowledge can explain it on direct examination and answer questions on cross exam. For example, don't have a financial consultant describing state survey or JCAHO requirements for nursing staff ratios.

HHS is committed to making its websites and documents accessible to the widest possible audience, including individuals with disabilities. We are in the process of retroactively making some documents accessible. If you need assistance accessing an accessible version of this document, please reach out to the guidance@hhs.gov.

DISCLAIMER: The contents of this database lack the force and effect of law, except as authorized by law (including Medicare Advantage Rate Announcements and Advance Notices) or as specifically incorporated into a contract. The Department may not cite, use, or rely on any guidance that is not posted on the guidance repository, except to establish historical facts.