---
kind: "section"
citation: "42 C.F.R. § 478.42"
title: "42"
number: "478.42"
heading: "Submitting a request for a hearing."
url: "https://uscodex.org/cfr/42/478.42"
---

# §478.42. Submitting a request for a hearing.

- (a) **Where to submit the written request.** A beneficiary who wants to obtain a hearing under [§ 478.40](/cfr/42/478.40.md) must submit a written request to the OMHA office identified in the notice of the QIO reconsidered determination.
- (b) **Time limit for submitting a request for a hearing.**
  - (1) 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](/cfr/42/478.22.md).
  - (2) 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.
  - (3) **A request is considered filed on the date it is received by OMHA.**

## Notes

### 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]