---
kind: "section"
citation: "42 C.F.R. § 498.22"
title: "42"
number: "498.22"
heading: "Reconsideration."
url: "https://uscodex.org/cfr/42/498.22"
---

# §498.22. Reconsideration.

- (a) **Right to reconsideration.** CMS or one of its contractors reconsiders an initial determination that affects a prospective provider or supplier, or a hospital seeking to qualify to claim payment for all emergency hospital services furnished in a calendar year, if the affected party files a written request in accordance with paragraphs [(b)](#b) and [(c)](#c) of this section. For denial or revocation of enrollment, prospective providers and suppliers and providers and suppliers have a right to reconsideration.
- (b) **Request for reconsideration: Manner and timing.** The affected party specified in [paragraph (a)](#a) of this section, if dissatisfied with the initial determination may request reconsideration by filing the request—
  - (1) With CMS or with the State survey agency, or in the case of prospective supplier the entity specified in the notice of initial determination;
  - (2) Directly or through its legal representative or other authorized official; and
  - (3) Within 60 days from receipt of the notice of initial determination, unless the time is extended in accordance with [paragraph (d)](#d) of this section. The date of receipt will be presumed to be 5 days after the date on the notice unless there is a showing that it was, in fact, received earlier or later.
- (c) **Content of request.** The request for reconsideration must state the issues, or the findings of fact with which the affected party disagrees, and the reasons for disagreement.
- (d) **Extension of time to file a request for reconsideration.**
  - (1) If the affected party is unable to file the request within the 60 days specified in [paragraph (b)](#b) of this section, it may file a written request with CMS, stating the reasons why the request was not filed timely.
  - (2) CMS will extend the time for filing a request for reconsideration if the affected party shows good cause for missing the deadline.

## Notes

### Amendments

[52 FR 22446, June 12, 1987, as amended at 73 FR 36462, June 27, 2008]

### Authority

Authority: 42 U.S.C. 1302, 1320a-7j, and 1395hh.

### Source

Source: 52 FR 22446, June 12, 1987, unless otherwise noted.

### Amendments

[52 FR 22446, June 12, 1987, as amended at 73 FR 36462, June 27, 2008]