42 C.F.R. § 405.1002 Right to an ALJ hearing.
Title 42 - Public Health
(a) A party to a QIC reconsideration may request a hearing before an ALJ if— (1) The party files a written request for an ALJ hearing within 60 days after receipt of the notice of the QIC's reconsideration. (2) The party meets the amount in controversy requirements of §405.1006. (3) For purposes of this section, the date of receipt of the reconsideration is presumed to be 5 days after the date of the reconsideration, unless there is evidence to the contrary. (4) For purposes of meeting the 60-day filing deadline, the request is considered as filed on the date it is received by the entity specified in the QIC's reconsideration. (b) A party who files a timely appeal before a QIC and whose appeal continues to be pending before a QIC at the end of the period described in §405.970 has a right to a hearing before an ALJ if— (1) The party files a written request with the QIC to escalate the appeal to the ALJ level after the period described in §405.970(a) and (b) has expired and the party files the request in accordance with §405.970(d); (2) The QIC does not issue a final action within 5 days of receiving the request for escalation in accordance with §405.970(e)(2); and (3) The party has an amount remaining in controversy specified in §405.1006. [70 FR 11472, Mar. 8, 2005, as amended at 70 FR 37703, June 30, 2005]
Title 42: Public Health
PART 405—FEDERAL HEALTH INSURANCE FOR THE AGED AND DISABLED
Subpart I—Determinations, Redeterminations, Reconsiderations, and Appeals Under Original Medicare (Part A and Part B)
ALJ Hearings
§ 405.1002 Right to an ALJ hearing.
