Frequently Asked Questions

The Departmental Appeals Board Members (collectively the "Board") are appointed by the Secretary of Health & Human Services. The Board generally issues the final decision for HHS, which in many cases may then be appealed to federal court. In certain categories of cases, the Board issues a recommended decision for action by another official.

The Appellate Division, which is staffed with Attorney-Advisors, paralegals, and administrative staff, supports the Board Members. You may contact us for administrative, technical, and some types of case-related support. We cannot give you legal advice. You may never directly contact a Board Member.

The Board cannot decide cases involving HHS or another federal entity unless there is a law or rule that gives the Board that authority.

Below is a list of the most common types of cases that the Board handles. You can review federal laws in the U.S. Code here and federal regulatory rules here.

• (A) For some types of cases, the Board can only handle appeals that have already been decided by a DAB Administrative Law Judge (ALJ). The Board does not have the power to decide appeals of all the different types of decisions that a DAB ALJ might issue, only some of them. Some common examples are:

  • Appeals of ALJ decisions about enforcement actions imposed by the Centers for Medicare & Medicaid Services (CMS) against nursing homes or skilled nursing facilities (see 42 CFR Part 498)
  • Appeals of ALJ decisions about determinations made by CMS about a provider's or supplier's enrollment in Medicare (see 42 CFR Part 498)
  • Appeals of ALJ decisions about the HHS Inspector General's (IG) determination to exclude an individual from participating in federal healthcare programs like Medicaid or Medicare (see 42 CFR Parts 1003 and 1005; see also [link to the IG's exclusion website])
  • Appeals of ALJ decisions about the HHS IG's decision to impose a civil money penalty or assessment for violations of 42 CFR Part 1003
  • Appeals of ALJ decisions about the Center for Tobacco Product's decision to impose a civil money penalty or No Sale Tobacco Order
  • Appeals of ALJ decisions about the HHS Office of Civil Rights (OCR)'s decision to impose penalties for violations of the Health Insurance Portability and Accountability Act (HIPAA)

• (B) For other types of cases, the Board can decide the case without its going to an ALJ first. These are called cases of "original jurisdiction." Some common examples are:

  • Appeals of final written decisions in disputes coming from direct, discretionary project grants or cooperative agreements (see 45 C.F.R. Part 16 and the Appellate Div. Practice Manual), such as:

    • Grant disallowances
    • Terminations of funding for a failure to comply with the terms of an award
    • Finding that an award is invalid because it wasn't authorized by statute or regulation, or it was fraudulently obtained
  • Appeals of final written decisions in disputes arising under HHS's mandatory grant programs (see 45 C.F.R. Part 16 and the Appellate Div. Practice Manual)
  • Other, less common, determinations that fall under 45 C.F.R. Part 16, but the procedures for which may also be modified by other regulations.

• (C) Finally, the Board also handles appeals to the HHS Civil Rights Reviewing Authority ("CRRA"), because the members of the Board are appointed to serve as the CRRA. Appeals to the CRRA are controlled by the procedures in 45 C.F.R. Parts 80, 81.

To file an appeal, use the Departmental Appeals Board's electronic filing system, called "DAB E-File". Visit https://dab.efile.hhs.gov and register for a DAB E-File account https://dab.efile.hhs.gov/users/new?locale=en.

Once registered, you can electronically file an appeal and follow all updates to your case, including any filings from the other party.

For information on how to file your submission using DAB E-File, see these instructions.

If you have technical issues with DAB E-File, contact DAB E-File System Support at OSDABImmediateOffice@hhs.gov.

You must use DAB E-file unless there is a reason that you cannot use it (for example, if you don't have access to the internet). In limited circumstances, the Board will accept filings by mail. However, you must ask permission to not use DAB E-file. We call this a waiver.

To request a waiver, contact the Attorney-Advisor assigned to your case. The Attorney-Advisor's information is usually included in the "acknowledgment letter" that the Board issues once it receives your appeal. If you haven't filed your appeal yet, and you want to ask for a waiver so you don't have to use DAB E-File, mail your appeal to the Board and include your request for a waiver with the appeal. The Board's mailing address is here.

The laws and regulatory rules that control your case depend on what kind of case it is. The original agency decision or ALJ decision that you are appealing to the Board will usually refer to the applicable laws or regulatory rules. You can review federal laws in the U.S. Code here and federal regulatory rules here.

The Board has published special Guidelines to help you understand the rules that apply to your case. You can find those guidelines here: https://www.hhs.gov/about/agencies/dab/different-appeals-at-dab/appeals-to-board/guidelines/index.html.

The Board has also issued an Appellate Division Practice Manual to help you with your case before the Board. You can find that here: https://www.hhs.gov/about/agencies/dab/different-appeals-at-dab/appeals-to-board/practice-manual/index.html. Please note that a lot of the information in the Appellate Division Practice Manual applies only to the types of cases that are controlled by the rules published in 45 C.F.R. Part 16, but there is also information that might be useful in other types of cases.

DAB staff cannot give you legal advice. But we can help you with procedural information. If you need help with your case, you can reach out to the Attorney-Advisor assigned to your matter. You can find their contact information in DAB E-File in the section that contains your case information. If you have general procedural questions, email DABAPPHotline@hhs.gov for help. You should never directly contact a Board Member.

Not all decisions are appealable. It depends on the statutes and regulations that govern your case, so you should check there first. You should also read the letter that accompanies the Board's decision or ruling. If the Board's decision or ruling can be appealed, the letter will give you more information about how to appeal.