42 CFR § 478.42 - Submitting a request for a hearing.
---
identifier: "/us/cfr/t42/s478.42"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 478.42 - Submitting a request for a hearing."
title_number: 42
title_name: "Public Health"
section_number: "478.42"
section_name: "Submitting a request for a hearing."
chapter_name: "CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "F"
subchapter_name: "QUALITY IMPROVEMENT ORGANIZATIONS"
part_number: "478"
part_name: "RECONSIDERATIONS AND APPEALS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Secs. 1102 and 1871 of the Social Security Act (42 U.S.C. 1302 and 1395hh)."
cfr_part: "478"
---
# 478.42 Submitting a request for a hearing.
(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]