---
kind: "section"
citation: "42 C.F.R. § 405.942"
title: "42"
number: "405.942"
heading: "Time frame for filing a request for a redetermination."
url: "https://uscodex.org/cfr/42/405.942"
---

# §405.942. Time frame for filing a request for a redetermination.

- (a) **Time frame for filing a request.** Except as provided in [paragraph (b)](#b) of this section, any request for redetermination must be filed within 120 calendar days from the date a party receives the notice of the initial determination.
  - (1) For purposes of this section, the date of receipt of the initial determination will be presumed to be 5 calendar days after the date of the notice of initial determination, unless there is evidence to the contrary.
  - (2) **The request is considered as filed on the date it is received by the contractor.**
- (b) **Extending the time frame for filing a request. General rule.** If the 120 calendar day period in which to file a request for a redetermination has expired and a party shows good cause, the contractor may extend the time frame for filing a request for redetermination.
  - (1) **How to request an extension.** A party may file a request for an extension of time for filing a request for a redetermination with the contractor. The party should include any evidence supporting the request for extension. The request for redetermination extension must—
    - (i) Be in writing;
    - (ii) State why the request for redetermination was not filed within the required time frame; and
    - (iii) Meet the requirements of [§ 405.944](/cfr/42/405.944.md).
  - (2) **How the contractor determines if good cause exists.** In determining if a party has good cause for missing a deadline to request a redetermination, the contractor considers—
    - (i) The circumstances that kept the party from making the request on time;
    - (ii) If the contractor's action(s) misled the party; and
    - (iii) If the party had or has any physical, mental, educational, or linguistic limitations, including any lack of facility with the English language, that prevented the party from filing a timely request or from understanding or knowing about the need to file a timely request.
  - (3) **Examples of good cause.** Examples of circumstances when good cause may be found to exist include, but are not limited to, the following situations:
    - (i) The party was prevented by serious illness from contacting the contractor in person, in writing, or through a friend, relative, or other person; or
    - (ii) The party had a death or serious illness in his or her immediate family; or
    - (iii) Important records of the party were destroyed or damaged by fire or other accidental cause; or
    - (iv) The contractor gave the party incorrect or incomplete information about when and how to request a redetermination; or
    - (v) The party did not receive notice of the determination or decision; or
    - (vi) The party sent the request to a Government agency in good faith within the time limit, and the request did not reach the appropriate contractor until after the time period to file a request expired.

## Notes

### Amendments

[70 FR 11472, Mar. 8, 2005, as amended at 74 FR 65333, Dec. 9, 2009]

### Source

Source: 70 FR 11472, Mar. 8, 2005, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 263a, 405(a), 1302, 1320b-12, 1395x, 1395y(a), 1395ff, 1395hh, 1395kk, 1395rr, and 1395ww(k).

### Amendments

[70 FR 11472, Mar. 8, 2005, as amended at 74 FR 65333, Dec. 9, 2009]