[Code of Federal Regulations]

[Title 42, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR498.40]



[Page 1096-1097]

 

                         TITLE 42--PUBLIC HEALTH

 

  CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF 

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 498_APPEALS PROCEDURES FOR DETERMINATIONS THAT AFFECT PARTICIPATION 

IN THE MEDICARE PROGRAM AND FOR DETERMINATIONS THAT AFFECT THE 

PARTICIPATION OF ICFs/MR AND CERTAIN NFs IN THE MEDICAID PROGRAM--Table 

of Contents

 

                           Subpart D_Hearings

 

Sec. 498.40  Request for hearing.





    (a) Manner and timing of request. (1) An affected party entitled to 

a hearing under Sec. 498.5 may file a request for a hearing with CMS or 

the OIG, as appropriate, or with OHA.

    (2) The affected party or its legal representative or other 

authorized official must file the request in writing within 60 days from 

receipt of the notice of



[[Page 1097]]



initial, reconsidered, or revised determination unless that period is 

extended in accordance with paragraph (c) of this section. (Presumed 

date of receipt is determined in accordance with Sec. 498.22(b)(3)).

    (b) Content of request for hearing. The request for hearing must--

    (1) Identify the specific issues, and the findings of fact and 

conclusions of law with which the affected party disagrees; and

    (2) Specify the basis for contending that the findings and 

conclusions are incorrect.

    (c) Extension of time for filing a request for hearing. If the 

request was not filed within 60 days--

    (1) The affected party or its legal representative or other 

authorized official may file with the ALJ a written request for 

extension of time stating the reasons why the request was not filed 

timely.

    (2) For good cause shown, the ALJ may extend the time for filing the 

request for hearing.