42 CFR 423.2002 - Right to an ALJ hearing.
(2) The enrollee meets the amount in controversy requirements of § 423.1970.
(2) The enrollee submits a written or oral request for an expedited ALJ hearing within 60 calendar days of the date of the written notice of an IRE reconsideration determination. The request can only be submitted after the enrollee receives the written IRE reconsideration notice. The request should also explain why applying the standard timeframe may seriously jeopardize the life or health of the enrollee; and
(3) The enrollee meets the amount in controversy requirements of § 423.1970.
(c) OMHA must document all oral requests for expedited hearings in writing and maintain the documentation in the case files.
(d) For purposes of this section, the date of receipt of the reconsideration is presumed to be 5 calendar days after the date of the written reconsideration, unless there is evidence to the contrary.
(e) For purposes of meeting the 60 calendar day filing deadline, the request is considered as filed on the date it is received by the office specified in the IRE's reconsideration.