42 CFR 405.1841 - Time, place, form, and content of request for Board hearing.

Title 42: Public Health

CHAPTER IV: CENTERS FOR MEDICARE& MEDICAID SERVICES,DEPARTMENT OF HEALTH ANDHUMAN SERVICES

SUBCHAPTER B: MEDICARE PROGRAM

PART 405: FEDERAL HEALTH INSURANCE FOR THE AGED AND DISABLED

Subpart R: Provider Reimbursement Determinations and Appeals

405.1841 - Time, place, form, and content of request for Board hearing.

(a) General requirements. (1) The request for a Board hearing must be filed in writing with the Board within 180 days of the date the notice of the intermediary's determination was mailed to the provider or, where notice of the determination was not timely rendered, within 180 days after the expiration of the period specified in ? 405.1835(c). Such request for Board hearing must identify the aspects of the determination with which the provider is dissatisfied, explain why the provider believes the determination is incorrect in such particulars, and be accompanied by any documenting evidence the provider considers necessary to support its position. Prior to the commencement of the hearing proceedings, the provider may identify in writing additional aspects of the intermediary's determination with which it is dissatisfied and furnish any documentary evidence in support thereof.

(2) Effective April 20, 1983, any request for a Board hearing by providers that are under common ownership or control (see ? 413.17 of this chapter) must be brought by the providers as a group appeal (see ? 405.1837(b)) with respect to any matters at issue involving a question of fact or of interpretation of law, regulations, or CMS Rulings common to the providers and for which the amount in controversy is $50,000 or more in the aggregate. If a group appeal is filed, the provider seeking the appeal must be separately identified in the request for hearing, which must be prepared and filed consistently with the requirements of paragraph (a)(1) of this section.

(b) Extension of time limit for good cause. A request for a Board hearing filed after the time limit prescribed in paragraph (a) of this section shall be dismissed by the Board, except that for good cause shown, the time limit may be extended. However, no such extension shall be granted by the Board if such request is filed more than 3 years after the date the notice of the intermediary's determination is mailed to the provider.

[48 FR 39836, Sept. 1, 1983, as amended at 51 FR 34793, Sept. 30, 1986]