The Secretary of Health and Human Services or the IBIA has 20 days from the date it receives any timely written objections to modify, adopt, or reverse the recommended decision. If the Secretary of Health and Human Services or the IBIA does not modify or reverse the recommended decision during that time, the recommended decision automatically becomes final.
When reviewing the recommended decision, the IBIA or the Secretary may consider and decide all issues properly raised by any party to the appeal, based on the record.
The decision of the Secretary or the IBIA shall:
Be in writing;
Specify the findings of fact or conclusions of law which are modified or reversed;
Give reasons for the decision, based on the record; and
State that the decision is final for the Department.
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