42 C.F.R. § 478.42
Submitting a request for a hearing.
Cite as 42 C.F.R. § 478.42 (2026)
(a)
Where to submit the written request.
A beneficiary who wants to obtain a hearing under § 478.40 must submit a written request to the OMHA office identified in the notice of the QIO reconsidered determination.
(b)
Time limit for submitting a request for a hearing.
(1) The request for a hearing must be filed within 60 calendar days of receipt of the notice of the QIO reconsidered determination, unless the time is extended for good cause as provided in § 478.22.
(2) The date of receipt of the notice of the reconsidered determination is presumed to be 5 calendar days after the date on the notice, unless there is evidence to the contrary.
(3) A request is considered filed on the date it is received by OMHA.
[82 FR 5139, Jan. 17, 2017]
- Cross-references to the CFR
- 478.22.478.40