42 C.F.R. § 414.424 – Administrative or judicial review.

(a) There is no administrative or judicial review under this subpart of the following:
1. (1) Establishment of payment amounts.
2. (2) Awarding of contracts.
3. (3) Designation of CBAs.
4. (4) Phase-in of the competitive bidding programs.
5. (5) Selection of items for competitive bidding.
6. (6) Bidding structure and number of contract suppliers selected for a competitive bidding program.
(b) A denied claim is not appealable if the denial is based on a determination by CMS that a competitively bid item was furnished in a CBA in a manner not authorized by this subpart.

[72 FR 18085, Apr. 10, 2007]