[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 42CFR478.42]



[Page 480-481]

 

                         TITLE 42--PUBLIC HEALTH

 

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

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 478_RECONSIDERATIONS AND APPEALS--Table of Contents

 

     Subpart B_Utilization and Quality Control Quality Improvement 

             Organization (QIO) Reconsiderations and Appeals

 

Sec.  478.42  Submitting a request for a hearing.



    (a) Where to submit the written request. A beneficiary who wants to 

obtain a hearing under Sec.  473.40 must submit a written request to one 

of the following:

    (1) The office of the QIO or QIO subcontractor that made the initial 

determination.



[[Page 481]]



    (2) A SSA District Office.

    (3) An office of the Office of Hearings and Appeals of SSA.

    (4) An office of the Railroad Retirement Board, in the case of a 

beneficiary who is a railroad retiree.

    (b) Time limit for submitting a request for a hearing. (1) The 

request for a hearing must be filed within 60 days of receipt of the 

notice of the QIO reconsidered determination, unless the time is 

extended for good cause as provided in Sec.  473.22.

    (2) The date of receipt of the notice of the reconsidered 

determination is presumed to be five days after the date on the notice, 

unless there is a reasonable showing to the contrary.

    (3) A request is considered filed on the date it is postmarked.