42 CFR §498.48

1. (a)Timing of notice. The ALJ will fix a time and place for the prehearing conference and mail written notice to the parties at least 10 days before the scheduled date.
2. (b)Content of notice. The notice will inform the parties of the purpose of the conference and specify what issues are sought to be resolved, agreed to, or excluded.
3. (c)Additional issues. Issues other than those set forth in the notice of determination or the request for hearing may be considered at the prehearing conference if—
   1. (1)Either party gives timely notice to that effect to the ALJ and the other party; or
   2. (2)The ALJ raises the issues in the notice of prehearing conference or at the conference.