Standard of proof.

  1. Law
  2. CFR 45
  3. Public Welfare
  4. Department of Health and Human Services
  5. Requirements Relating to Health Care Access
  6. Health Insurance Issuer Standards Under the Affordable Care Act, Including Standards Related to Exchanges
  7. Administrative Review of QHP Issuer Sanctions
  8. Standard of proof.

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§ 156.943 Standard of proof.

(a) In all cases before an ALJ -

(1) CMS has the burden of coming forward with evidence sufficient to establish a prima facie case;

(2) The respondent has the burden of coming forward with evidence in response, once CMS has established a prima facie case; and

(3) CMS has the burden of persuasion regarding facts material to the assessment or decertification; and

(4) The respondent has the burden of persuasion regarding facts relating to an affirmative defense.

(b) The preponderance of the evidence standard applies to all cases before the ALJ.


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