42 CFR 478.42 - Submitting a request for a hearing.

Code of Federal Regulations - Title 42: Public Health

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Title 42: Public Health

CHAPTER IV: CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED)

SUBCHAPTER F: QUALITY IMPROVEMENT ORGANIZATIONS

PART 478: RECONSIDERATIONS AND APPEALS

Subpart B: Utilization and Quality Control Quality Improvement Organization (QIO) Reconsiderations and Appeals

478.42 - Submitting a request for a hearing.

(a) Where to submit the written request. A beneficiary who wants to obtain a hearing under ? 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.

(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 ? 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.

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