42 Public Health 2 2007-10-01 2007-10-01 false Parties to an ALJ hearing. 405.1008 Section 405.1008 Public Health CENTERS FOR MEDICARE& MEDICAID SERVICES,DEPARTMENT OF HEALTH ANDHUMAN SERVICES MEDICARE PROGRAM FEDERAL HEALTH INSURANCE FOR THE AGED AND DISABLED Determinations, Redeterminations, Reconsiderations, and Appeals Under Original Medicare (Part A and Part B) Alj Hearings
§ 405.1008 Parties to an ALJ hearing.

(a) Who may request a hearing. Any party to the QIC's reconsideration may request a hearing before an ALJ. However, only the appellant (that is, the party that filed and maintained the request for reconsideration by a QIC) may request that the appeal be escalated to the ALJ level if the QIC does not complete its action within the time frame described in § 405.970.

(b) Who are parties to the ALJ hearing. The party who filed the request for hearing and all other parties to the reconsideration are parties to the ALJ hearing. In addition, a representative of CMS or its contractor may be a party under the circumstances described in § 405.1012.