CMS has published a proposed rule that would establish procedures that the Department of Health and Human Services (HHS) would follow at the Administrative Law Judge and Medicare Appeals Council levels in deciding appeals brought by individuals who have enrolled in the Medicare Part D prescription drug benefit program. The rule also would establish the reopening procedures that would be followed at all levels of appeal. While many of the proposed procedures do not vary substantially from existing appeals practices, CMS does include a number of new provisions, including a new expedited appeals process for circumstances in which a delay in obtaining a drug may seriously jeopardize the enrollee’s life, health, or ability to regain maximum function. CMS will accept comments on the proposed rule until May 16, 2008.