[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR1005.23]



[Page 1205]

 

                         TITLE 42--PUBLIC HEALTH

 

      GENERAL--HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

PART 1005_APPEALS OF EXCLUSIONS, CIVIL MONEY PENALTIES AND ASSESSMENTS--

 

Sec.  1005.23  Harmless error.



    No error in either the admission or the exclusion of evidence, and 

no error or defect in any ruling or order or in any act done or omitted 

by the ALJ or by any of the parties, including Federal representatives 

such as Medicare carriers and intermediaries and Quality Improvement 

Organizations, is ground for vacating, modifying or otherwise disturbing 

an otherwise appropriate ruling or order or act, unless refusal to take 

such action appears to the ALJ or the DAB inconsistent with substantial 

justice. The ALJ and the DAB at every stage of the proceeding will 

disregard any error or defect in the proceeding that does not affect the 

substantial rights of the parties.