DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of Medicare Hearings and Appeals
WAIVER OF RIGHT TO AN
ADMINISTRATIVE LAW JUDGE (ALJ) HEARING
Instructions: If you are an appellant or other party to a hearing before an Administrative Law Judge (ALJ) with the Office of Medicare
Hearings and Appeals (OMHA), you may waive your right to the oral hearing and request that a decision be made based on the record.
When you waive your right to a hearing, either an ALJ or an attorney adjudicator may decide your appeal.
If you are the appellant and want your appeal to be decided without a hearing, complete this form and include it with your request for
an ALJ hearing (form OMHA-100) or, if you have already filed your request for an ALJ hearing, send this form to the assigned OMHA
adjudicator (visit
www.hhs.gov/omha
and use the appeal status lookup tool to find your assigned adjudicator). Any other party that
wants the appeal to be decided without a hearing may complete this form and send it to the assigned OMHA adjudicator. If an
adjudicator has not yet been assigned, send this form to OMHA Central Operations, Attention: Waiver Mail Stop (visit
www.hhs.gov/omha
or call the number at the bottom of this form for the full mailing address).
If all of the parties to the appealed matter who would be sent a notice of hearing do not also waive the ALJ hearing (for example, a
provider or supplier that was held financially responsible for the denied items or services), or the assigned ALJ or attorney
adjudicator believes a hearing is necessary to decide the appeal, a hearing may be held by an ALJ, and the ALJ will issue the
decision or other dispositive order in the appeal.
Section 1: What is the OMHA appeal number or the reconsideration (Medicare appeal or case) number?
OMHA Appeal Number (if known) Reconsideration Number (if OMHA appeal number not known)
Section 2: What is the information for the party waiving the hearing? (Representative information in next section)
Name (First, Middle initial, Last) Firm or Organization (if applicable)
Telephone Number
Section 3: What is the representative's information? (Skip if you do not have a representative)
Name
Firm or Organization (if applicable)
Telephone Number
Section 4: Explain why you wish to waive your right to an ALJ hearing and have the appeal decided based on the record:
Section 5: Acknowledge the following by signing and dating this form:
I understand that I may have a right to a hearing before an ALJ. I understand that having an ALJ hearing would provide me with the
opportunity to present oral testimony and to present and/or question witnesses. I understand that this opportunity to be seen and
heard could be helpful to the ALJ in making a decision.
I understand that my waiver of an ALJ hearing does not affect the right of other parties to an ALJ hearing.
I understand that even if all parties waive their right to an ALJ hearing, if the ALJ determines that a hearing is necessary to obtain
testimony from a non-party, the ALJ may still hold a hearing to obtain that testimony. If a hearing is held, the ALJ will offer the parties
the opportunity to appear at the hearing (which may be in person, by telephone or by video-teleconference), but may hold the hearing
even if none of the parties decide to appear. I understand that if a hearing is held and I do not attend the hearing, I still have the right
to submit written evidence.
I understand that my waiver may be denied if it is determined that my attendance is necessary to decide the appeal.
If I change my mind and decide that I would like a hearing before an ALJ, I understand I must submit a withdrawal of this waiver (see
form OMHA-114) before a notice of decision or other dispositive order is issued by an ALJ or attorney adjudicator. If I withdraw my
waiver of hearing, I understand that any applicable time frame to decide the appeal may be extended in order to schedule and hold the
hearing. I also understand that if a hearing has already been conducted, the ALJ may decide not to conduct another one.
Party or Representative Signature Date
Privacy Act Statement
The legal authority for the collection of information on this form is authorized by the Social Security Act (section 1155 of Title XI and sections
1852(g)(5), 1860D-4(h)(1), 1869(b)(1), and 1876 of Title XVIII). The information provided will be used to further document your appeal.
Submission of the information requested on this form is voluntary, but failure to provide all or any part of the requested information may affect the
determination of your appeal. Information you furnish on this form may be disclosed by the Office of Medicare Hearings and Appeals to another
person or governmental agency only with respect to the Medicare Program and to comply with Federal laws requiring the disclosure of
information or the exchange of information between the Department of Health and Human Services and other agencies.
If you need large print or assistance, please call 1-855-556-8475
OMHA-104 (03/17)
PAGE 1 OF 1
PSC Publishing Services (301) 443-6740.
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