---
kind: "section"
citation: "42 C.F.R. § 430.3"
title: "42"
number: "430.3"
heading: "Appeals under Medicaid."
url: "https://uscodex.org/cfr/42/430.3"
---

# §430.3. Appeals under Medicaid.


Four distinct types of disputes may arise under Medicaid.

- (a) **Compliance with Federal requirements.** Disputes that pertain to whether a State's plan or proposed plan amendments, or its practice under the plan meet or continue to meet Federal requirements are subject to the hearing provisions of subpart D of this part.
- (b) **FFP in Medicaid expenditures.** Disputes that pertain to disallowances of FFP in Medicaid expenditures (mandatory grants) are heard by the Departmental Appeals Board (the Board) in accordance with procedures set forth in [45 CFR part 16](/cfr/45/part16.md).
- (c) **Discretionary grants disputes.** Disputes pertaining to discretionary grants, such as grants for special demonstration projects under sections 1110 and 1115 of the Act, which may be awarded to a Medicaid agency, are also heard by the Board. [45 CFR part 16](/cfr/45/part16.md), appendix A, lists all the types of disputes that the Board hears.
- (d) **Imposition of suspensions of procedural disenrollments and civil money penalties under section 430.49 of this part.** Disputes that pertain to CMS' imposition of suspensions of procedural disenrollments and civil money penalties under [§ 430.49(c)](/cfr/42/430.49.md?p=c) of this part are heard by the Board in accordance with procedures set forth in [45 CFR part 16](/cfr/45/part16.md).
- (e) Disputes that pertain to disapproval of written approval by CMS of State directed payments under [42 CFR 438.6(c)(2)(i)](/cfr/42/438.6.md?p=c-2-i) are also heard by the Board in accordance with procedures set forth in [45 CFR part 16](/cfr/45/part16.md). [45 CFR part 16](/cfr/45/part16.md), appendix A, lists all the types of disputes that the Board hears.

## Notes

### Amendments

[53 FR 36571, Sept. 21, 1988, as amended at 56 FR 8845, Mar. 1, 1991; 88 FR 84733, Dec. 6, 2023; 89 FR 41267, May 10, 2024]

### Authority

Authority: 42 U.S.C. 1302.

### Source

Source: 53 FR 36571, Sept. 21, 1988, unless otherwise noted.

### Amendments

[53 FR 36571, Sept. 21, 1988, as amended at 56 FR 8845, Mar. 1, 1991; 88 FR 84733, Dec. 6, 2023; 89 FR 41267, May 10, 2024]