C.F.R. » Title 42 » CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER B—MEDICARE PROGRAM › PART 423—VOLUNTARY MEDICARE PRESCRIPTION DRUG BENEFIT › Subpart N—Medicare Contract Determinations and Appeals

42 C.F.R. § 423.651

Request for hearing

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(a) Method and place for filing a request. (1) A request for a hearing must be made in writing and filed by an authorized official of the contract applicant or Part D plan sponsor that was the party to the determination under the appeal.

(2) The request for the hearing must be filed in accordance with the requirements specified in the notice.

(b) Time for filing a request. A request for a hearing must be filed within 15 calendar days after the receipt of the notice of the contract determination or intermediate sanction.

(c) Parties to a hearing. The parties to a hearing must be—

(1) The parties described in § 423.650;

(2) At the discretion of the hearing officer, any interested parties who make a showing that their rights may be prejudiced by the decision to be rendered at the hearing; and

(3) CMS.

[70 FR 4525, Jan. 28, 2005, as amended at 72 FR 68734, Dec. 5, 2007; 75 FR 19824, Apr. 15, 2010]
Notes of Decisions
Cited in 1 case, 2010–2010 · leading case: Fox Ins. Co. v. Sebelius, 381 F. App'x 93 (2d Cir. 2010).
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Fox Ins. Co. v. Sebelius, 381 F. App'x 93 (2d Cir. 2010). “See 42 C.F.R. §§ 423.651 , 423.655(a). We also agree with the district court’s conclusion that Fox does not fall within Illinois Council’s narrow exception to the statutory bar to jurisdiction that § 405(h) imposes.”
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