[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: 42CFR498.40]



[Page 1104]

 

                         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 

 

                           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 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.