§478.42. Submitting a request for a hearing.
42 C.F.R. § 478.42
Where to submit the written request. A beneficiary who wants to obtain a hearing under § 478.40 must submit a written request to the OMHA office identified in the notice of the QIO reconsidered determination.
Time limit for submitting a request for a hearing.
The request for a hearing must be filed within 60 calendar days of receipt of the notice of the QIO reconsidered determination, unless the time is extended for good cause as provided in § 478.22.
The date of receipt of the notice of the reconsidered determination is presumed to be 5 calendar days after the date on the notice, unless there is evidence to the contrary.
A request is considered filed on the date it is received by OMHA.
Notes, amendments, and revision history
Amendments
[82 FR 5139, Jan. 17, 2017]
Source
Source: 50 FR 15372, Apr. 17, 1985, unless otherwise noted. Redesignated at 64 FR 66279, Nov. 24, 1999.
Authority
Authority: Secs. 1102 and 1871 of the Social Security Act (42 U.S.C. 1302 and 1395hh).
Amendments
[82 FR 5139, Jan. 17, 2017]