---
kind: "section"
citation: "42 C.F.R. § 405.908"
title: "42"
number: "405.908"
heading: "Medicaid State agencies."
url: "https://uscodex.org/cfr/42/405.908"
---

# §405.908. Medicaid State agencies.


When a beneficiary is enrolled to receive benefits under both Medicare and Medicaid, the Medicaid State agency may file a request for an appeal with respect to a claim for items or services furnished to a dually eligible beneficiary only for services for which the Medicaid State agency has made payment, or for which it may be liable. A Medicaid State agency is considered a party only when it files a timely redetermination request with respect to a claim for items or services furnished to a beneficiary in accordance with 42 CFR parts [940](/cfr/42/part940.md) through [958](/cfr/42/part958.md). If a State agency files a request for redetermination, it may retain party status at the QIC, OMHA, Council, and judicial review levels.


## Notes

### Amendments

[70 FR 11472, Mar. 8, 2005, as amended at 82 FR 5106, Jan. 17, 2017]

### Source

Source: 70 FR 11472, Mar. 8, 2005, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 263a, 405(a), 1302, 1320b-12, 1395x, 1395y(a), 1395ff, 1395hh, 1395kk, 1395rr, and 1395ww(k).

### Amendments

[70 FR 11472, Mar. 8, 2005, as amended at 82 FR 5106, Jan. 17, 2017]