42. Add subpart E to read as follows:
(a) The provisions found in §§ 150.401 through 150.457 shall apply to a hearing conducted under this subpart.
(b) Any provider or facility upon which CMS has proposed the imposition of a penalty may appeal such proposed penalty by requesting a hearing before an ALJ in accordance with § 150.405. The form and content of the request for a hearing must comply with § 150.407.
(c) If the provider or facility fails, within the time period permitted, to exercise the right to a hearing under this section, the proposed penalty becomes final.