---
kind: "section"
citation: "42 C.F.R. § 478.44"
title: "42"
number: "478.44"
heading: "Determining the amount in controversy for a hearing."
url: "https://uscodex.org/cfr/42/478.44"
---

# §478.44. Determining the amount in controversy for a hearing.

- (a) After an individual appellant has submitted a request for a hearing, the ALJ or attorney adjudicator determines the amount in controversy in accordance with § [405.1006(d)](/cfr/42/405.1006.md?p=d) and [(e)](/cfr/42/405.1006.md?p=e) of this chapter. When two or more appellants submit a request for hearing, the ALJ or attorney adjudicator determines the amount in controversy in accordance with § [405.1006(d)](/cfr/42/405.1006.md?p=d) and [(e)](/cfr/42/405.1006.md?p=e) of this chapter.
- (b) If the ALJ or attorney adjudicator determines that the amount in controversy is less than $200, the ALJ, without holding a hearing, or attorney adjudicator notifies the parties that the parties have 15 calendar days to submit additional evidence to prove that the amount in controversy is at least $200.
- (c) At the end of the 15-day period, if an ALJ determines that the amount in controversy is less than $200, the ALJ, without holding a hearing dismisses the request for a hearing without ruling on the substantive issues involved in the appeal and notifies the parties and the QIO that the QIO reconsidered determination is conclusive for Medicare payment purposes.

## 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]