TITLE 42 - PUBLIC HEALTH

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

SUBCHAPTER G - STANDARDS AND CERTIFICATION

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

subpart d - HEARINGS

498.40 - Request for hearing.

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