42 C.F.R. §§ 431.205–431.246

§431.205. Provision of hearing system.

42 C.F.R. § 431.205

(a)

The Medicaid agency must be responsible for maintaining a hearing system that meets the requirements of this subpart.

(b)

The State's hearing system must provide for—

(1)

A hearing before—

(i)

The Medicaid agency; or

(ii)

For the denial of eligibility for individuals whose income eligibility is determined based on the applicable modified adjusted gross income standard described in§ 435.911(c) of this chapter, the Exchange or Exchange appeals entity to which authority to conduct fair hearings has been delegated under § 431.10(c)(1)(ii), provided that individuals who have requested a fair hearing are given the choice to have their fair hearing conducted instead by the Medicaid agency; at state option the Exchange or Exchange appeals entity decision may be subject to review by the Medicaid agency in accordance with § 431.10(c)(3)(iii); or

(2)

An evidentiary hearing at the local level, with a right of appeal to the Medicaid agency.

(c)

The agency may offer local hearings in some political subdivisions and not in others.

(d)

The hearing system must meet the due process standards set forth in Goldberg v. Kelly, 397 U.S. 254 (1970), and any additional standards specified in this subpart.

(e)

The hearing system must be accessible to persons who are limited English proficient and persons who have disabilities, consistent with § 435.905(b) of this chapter.

(f)

The hearing system must comply with the United States Constitution, the Social Security Act, title VI of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, and section 1557 of the Affordable Care Act and implementing regulations.

Notes, amendments, and revision history

Amendments

[44 FR 17932, Mar. 29, 1979, as amended at 78 FR 42301, July 15, 2013; 81 FR 86448, Nov. 30, 2016]

Source

Source: 44 FR 17932, Mar. 29, 1979, unless otherwise noted.

Authority

Authority: 42 U.S.C. 1302.

Source

Source: 43 FR 45188, Sept. 29, 1978, unless otherwise noted.

Amendments

[44 FR 17932, Mar. 29, 1979, as amended at 78 FR 42301, July 15, 2013; 81 FR 86448, Nov. 30, 2016]

§431.206. Informing applicants and beneficiaries.

42 C.F.R. § 431.206

(a)

The agency must issue and publicize its hearing procedures.

(b)

The agency must, at the time specified in paragraph (c) of this section, inform every applicant or beneficiary in writing—

(1)

Of his or her right to a fair hearing and right to request an expedited fair hearing;

(2)

Of the method by which he may obtain a hearing;

(3)

That he may represent himself or use legal counsel, a relative, a friend, or other spokesman; and

(4)

Of the time frames in which the agency must take final administrative action, in accordance with § 431.244(f).

(c)

The agency must provide the information required in paragraph (b) of this section—(1) At the time that the individual applies for Medicaid;

(2)

At the time the agency denies an individual's claim for eligibility, benefits or services; or denies a request for exemption from mandatory enrollment in an Alternative Benefit Plan; or takes other action, as defined at § 431.201; or whenever a hearing is otherwise required in accordance with § 431.220(a);

(3)

At the time a skilled nursing facility or a nursing facility notifies a resident in accordance with § 483.15 of this chapter that he or she is to be transferred or discharged; and

(4)

At the time an individual receives an adverse determination by the State with regard to the preadmission screening and annual resident review requirements of section 1919(e)(7) of the Act.

(d)

If, in accordance with § 431.10(c)(1)(ii), the agency has delegated authority to the Exchange or Exchange appeals entity to conduct the fair hearing, the agency must inform the individual in writing that—

(1)

He or she has the right to have his or her hearing before the agency, instead of the Exchange or the Exchange appeals entity; and

(2)

The method by which the individual may make such election;

(e)

The information required under this subpart must be accessible to individuals who are limited English proficient and to individuals with disabilities, consistent with § 435.905(b) of this chapter, and may be provided in electronic format in accordance with § 435.918 of this chapter.

Notes, amendments, and revision history

Amendments

[44 FR 17932, Mar. 29, 1979, as amended at 57 FR 56505, Nov. 30, 1992; 58 FR 25784, Apr. 28, 1993; 78 FR 42301, July 15, 2013; 81 FR 68847, Oct. 4, 2016; 81 FR 86448, Nov. 30, 2016]

Source

Source: 44 FR 17932, Mar. 29, 1979, unless otherwise noted.

Authority

Authority: 42 U.S.C. 1302.

Source

Source: 43 FR 45188, Sept. 29, 1978, unless otherwise noted.

Amendments

[44 FR 17932, Mar. 29, 1979, as amended at 57 FR 56505, Nov. 30, 1992; 58 FR 25784, Apr. 28, 1993; 78 FR 42301, July 15, 2013; 81 FR 68847, Oct. 4, 2016; 81 FR 86448, Nov. 30, 2016]

§431.210. Content of notice.

42 C.F.R. § 431.210

A notice required under § 431.206 (c)(2), (c)(3), or (c)(4) of this subpart must contain—

(a)

A statement of what action the agency, skilled nursing facility, or nursing facility intends to take and the effective date of such action;

(b)

A clear statement of the specific reasons supporting the intended action;

(c)

The specific regulations that support, or the change in Federal or State law that requires, the action;

(d)

An explanation of—

(1)

The individual's right to request a local evidentiary hearing if one is available, or a State agency hearing; or

(2)

In cases of an action based on a change in law, the circumstances under which a hearing will be granted; and

(e)

An explanation of the circumstances under which Medicaid is continued if a hearing is requested.

Notes, amendments, and revision history

Amendments

[44 FR 17932, Mar. 29, 1979, as amended at 57 FR 56505, Nov. 30, 1992; 81 FR 86448, Nov. 30, 2016]

Source

Source: 44 FR 17932, Mar. 29, 1979, unless otherwise noted.

Authority

Authority: 42 U.S.C. 1302.

Source

Source: 43 FR 45188, Sept. 29, 1978, unless otherwise noted.

Amendments

[44 FR 17932, Mar. 29, 1979, as amended at 57 FR 56505, Nov. 30, 1992; 81 FR 86448, Nov. 30, 2016]

§431.211. Advance notice.

42 C.F.R. § 431.211

The State or local agency must send a notice at least 10 days before the date of action, except as permitted under §§ 431.213 and 431.214.

Notes, amendments, and revision history

Amendments

[78 FR 42301, July 15, 2013]

Source

Source: 44 FR 17932, Mar. 29, 1979, unless otherwise noted.

Authority

Authority: 42 U.S.C. 1302.

Source

Source: 43 FR 45188, Sept. 29, 1978, unless otherwise noted.

Amendments

[78 FR 42301, July 15, 2013]

§431.213. Exceptions from advance notice.

42 C.F.R. § 431.213

The agency may send a notice not later than the date of action if—

(a)

The agency has factual information confirming the death of a beneficiary;

(b)

The agency receives a clear written statement signed by a beneficiary that—

(1)

He no longer wishes services; or

(2)

Gives information that requires termination or reduction of services and indicates that he understands that this must be the result of supplying that information;

(c)

The beneficiary has been admitted to an institution where he is ineligible under the plan for further services;

(d)

The beneficiary's whereabouts are unknown and the post office returns agency mail directed to him indicating no forwarding address (see § 431.231(d) for procedure if the beneficiary's whereabouts become known). The provisions of this paragraph (d) sunset on October 1, 2034. CMS will follow applicable rulemaking procedures to ensure that policies governing whereabouts unknown are implemented and effective on October 1, 2034, replacing the policies scheduled to sunset on that date;

(e)

The agency establishes the fact that the beneficiary has been accepted for Medicaid services by another local jurisdiction, State, territory, or commonwealth;

(f)

A change in the level of medical care is prescribed by the beneficiary's physician;

(g)

The notice involves an adverse determination made with regard to the preadmission screening requirements of section 1919(e)(7) of the Act; or

(h)

The date of action will occur in less than 10 days, in accordance with § 483.15(b)(4)(ii) and (b)(8), which provides exceptions to the 30 days notice requirements of § 483.15(b)(4)(i) of this chapter.

Notes, amendments, and revision history

Amendments

[44 FR 17932, Mar. 29, 1979, as amended at 57 FR 56505, Nov. 30, 1992; 58 FR 25784, Apr. 28, 1993; 78 FR 42301, July 15, 2013; 81 FR 68847, Oct. 4, 2016; 89 FR 22866, Apr. 2, 2024; 91 FR 33469, June 3, 2026]

Source

Source: 44 FR 17932, Mar. 29, 1979, unless otherwise noted.

Authority

Authority: 42 U.S.C. 1302.

Source

Source: 43 FR 45188, Sept. 29, 1978, unless otherwise noted.

Amendments

[44 FR 17932, Mar. 29, 1979, as amended at 57 FR 56505, Nov. 30, 1992; 58 FR 25784, Apr. 28, 1993; 78 FR 42301, July 15, 2013; 81 FR 68847, Oct. 4, 2016; 89 FR 22866, Apr. 2, 2024; 91 FR 33469, June 3, 2026]

§431.214. Notice in cases of probable fraud.

42 C.F.R. § 431.214

The agency may shorten the period of advance notice to 5 days before the date of action if—

(a)

The agency has facts indicating that action should be taken because of probable fraud by the beneficiary; and

(b)

The facts have been verified, if possible, through secondary sources.

Notes, amendments, and revision history

Source

Source: 44 FR 17932, Mar. 29, 1979, unless otherwise noted.

Authority

Authority: 42 U.S.C. 1302.

Source

Source: 43 FR 45188, Sept. 29, 1978, unless otherwise noted.

§431.220. When a hearing is required.

42 C.F.R. § 431.220

(a)

The State agency must grant an opportunity for a hearing to the following:

(1)

Any individual who requests it because he or she believes the agency has taken an action erroneously, denied his or her claim for eligibility or for covered benefits or services, or issued a determination of an individual's liability, or has not acted upon the claim with reasonable promptness including, if applicable—

(i)

An initial or subsequent decision regarding eligibility;

(ii)

A determination of the amount of medical expenses that an individual must incur in order to establish eligibility in accordance with § 435.121(e)(4) or § 435.831 of this chapter; or

(iii)

A determination of the amount of premiums and cost sharing charges under subpart A of part 447 of this chapter;

(iv)

A change in the amount or type of benefits or services;

(v)

A request for exemption from mandatory enrollment in an Alternative Benefit Plan; or

(vi)

A prior authorization decision.

(2)

Any resident who requests it because he or she believes a skilled nursing facility or nursing facility has erroneously determined that he or she must be transferred or discharged.

(3)

Any individual who requests it because he or she believes the State has made an erroneous determination with regard to the preadmission and annual resident review requirements of section 1919(e)(7) of the Act.

(4)

Any MCO, PIHP, or PAHP enrollee who is entitled to a hearing under subpart F of part 438 of this chapter.

(5)

Any enrollee in a non-emergency medical transportation PAHP (as that term is defined in § 438.9 of this chapter) who has an action as stated in this subpart.

(6)

Any enrollee who is entitled to a hearing under subpart B of part 438 of this chapter.

(b)

The agency need not grant a hearing if the sole issue is a Federal or State law requiring an automatic change adversely affecting some or all beneficiaries.

Notes, amendments, and revision history

Amendments

[44 FR 17932, Mar. 29, 1979, as amended at 57 FR 56505, Nov. 30, 1992; 67 FR 41095, June 14, 2002; 67 FR 65505, Oct. 25, 2002; 81 FR 27853, May 6, 2016; 81 FR 86448, Nov. 30, 2016; 89 FR 8980, Apr. 8, 2024]

Source

Source: 44 FR 17932, Mar. 29, 1979, unless otherwise noted.

Authority

Authority: 42 U.S.C. 1302.

Source

Source: 43 FR 45188, Sept. 29, 1978, unless otherwise noted.

Amendments

[44 FR 17932, Mar. 29, 1979, as amended at 57 FR 56505, Nov. 30, 1992; 67 FR 41095, June 14, 2002; 67 FR 65505, Oct. 25, 2002; 81 FR 27853, May 6, 2016; 81 FR 86448, Nov. 30, 2016; 89 FR 8980, Apr. 8, 2024]

§431.221. Request for hearing.

42 C.F.R. § 431.221

(a)

(1)

The agency must establish procedures that permit an individual, or an authorized representative as defined at § 435.923 of this chapter, to—

(i)

Submit a hearing request via any of the modalities described in § 435.907(a) of this chapter, except that the requirement to establish procedures for submission of a fair hearing request described in § 435.907(a)(1), (2) and (5) of this chapter (relating to submissions via Internet Web site, telephone and other electronic means) is effective no later than the date described in § 435.1200(i) of this chapter; and

(ii)

Include in a hearing request submitted under paragraph (a)(1)(i) of this section, a request for an expedited fair hearing.

(2)

[Reserved]

(b)

The agency may not limit or interfere with the applicant's or beneficiary's freedom to make a request for a hearing.

(c)

The agency may assist the applicant or beneficiary in submitting and processing his request.

(d)

The agency must allow the applicant or beneficiary a reasonable time, not to exceed 90 days from the date that notice of action is mailed, to request a hearings.

Notes, amendments, and revision history

Amendments

[44 FR 17932, Mar. 29, 1979, as amended at 81 FR 86448, Nov. 30, 2016]

Source

Source: 44 FR 17932, Mar. 29, 1979, unless otherwise noted.

Authority

Authority: 42 U.S.C. 1302.

Source

Source: 43 FR 45188, Sept. 29, 1978, unless otherwise noted.

Amendments

[44 FR 17932, Mar. 29, 1979, as amended at 81 FR 86448, Nov. 30, 2016]

§431.222. Group hearings.

42 C.F.R. § 431.222

The agency—

(a)

May respond to a series of individual requests for hearing by conducting a single group hearing;

(b)

May consolidate hearings only in cases in which the sole issue involved is one of Federal or State law or policy;

(c)

Must follow the policies of this subpart and its own policies governing hearings in all group hearings; and

(d)

Must permit each person to present his own case or be represented by his authorized representative.

Notes, amendments, and revision history

Source

Source: 44 FR 17932, Mar. 29, 1979, unless otherwise noted.

Authority

Authority: 42 U.S.C. 1302.

Source

Source: 43 FR 45188, Sept. 29, 1978, unless otherwise noted.

§431.223. Denial or dismissal of request for a hearing.

42 C.F.R. § 431.223

The agency may deny or dismiss a request for a hearing if—

(a)

The applicant or beneficiary withdraws the request. The agency must accept withdrawal of a fair hearing request via any of the modalities available per § 431.221(a)(1)(i). For telephonic hearing withdrawals, the agency must record the individual's statement and telephonic signature. For telephonic, online and other electronic withdrawals, the agency must send the affected individual written confirmation, via regular mail or electronic notification in accordance with the individual's election under § 435.918(a) of this chapter.

(b)

The applicant or beneficiary fails to appear at a scheduled hearing without good cause.

Notes, amendments, and revision history

Amendments

[44 FR 17932, Mar. 29, 1979, as amended at 81 FR 86449, Nov. 30, 2016]

Source

Source: 44 FR 17932, Mar. 29, 1979, unless otherwise noted.

Authority

Authority: 42 U.S.C. 1302.

Source

Source: 43 FR 45188, Sept. 29, 1978, unless otherwise noted.

Amendments

[44 FR 17932, Mar. 29, 1979, as amended at 81 FR 86449, Nov. 30, 2016]

§431.224. Expedited appeals.

42 C.F.R. § 431.224

(a)

General rule.

(1)

The agency must establish and maintain an expedited fair hearing process for individuals to request an expedited fair hearing, if the agency determines that the time otherwise permitted for a hearing under § 431.244(f)(1) could jeopardize the individual's life, health or ability to attain, maintain, or regain maximum function.

(2)

The agency must take final administrative action within the period of time permitted under § 431.244(f)(3) if the agency determines that the individual meets the criteria for an expedited fair hearing in paragraph (a)(1) of this section.

(b)

Notice. The agency must notify the individual whether the request is granted or denied as expeditiously as possible. Such notice must be provided orally or through electronic means in accordance with § 435.918 of this chapter, if consistent with the individual's election under such section; if oral notice is provided, the agency must follow up with written notice, which may be through electronic means if consistent with the individual's election under § 435.918.

Notes, amendments, and revision history

Amendments

[81 FR 86449, Nov. 30, 2016]

Source

Source: 44 FR 17932, Mar. 29, 1979, unless otherwise noted.

Authority

Authority: 42 U.S.C. 1302.

Source

Source: 43 FR 45188, Sept. 29, 1978, unless otherwise noted.

Amendments

[81 FR 86449, Nov. 30, 2016]

§431.230. Maintaining services.

42 C.F.R. § 431.230

(a)

If the agency sends the 10-day or 5-day notice as required under § 431.211 or § 431.214 of this subpart, and the beneficiary requests a hearing before the date of action, the agency may not terminate or reduce services until a decision is rendered after the hearing unless—

(1)

It is determined at the hearing that the sole issue is one of Federal or State law or policy; and

(2)

The agency promptly informs the beneficiary in writing that services are to be terminated or reduced pending the hearing decision.

(b)

If the agency's action is sustained by the hearing decision, the agency may institute recovery procedures against the applicant or beneficiary to recoup the cost of any services furnished the beneficiary, to the extent they were furnished solely by reason of this section.

Notes, amendments, and revision history

Amendments

[44 FR 17932, Mar. 29, 1979, as amended at 45 FR 24882, Apr. 11, 1980; 78 FR 42302, July 15, 2013]

Source

Source: 44 FR 17932, Mar. 29, 1979, unless otherwise noted.

Authority

Authority: 42 U.S.C. 1302.

Source

Source: 43 FR 45188, Sept. 29, 1978, unless otherwise noted.

Amendments

[44 FR 17932, Mar. 29, 1979, as amended at 45 FR 24882, Apr. 11, 1980; 78 FR 42302, July 15, 2013]

§431.231. Reinstating services.

42 C.F.R. § 431.231

(a)

The agency may reinstate services if a beneficiary requests a hearing not more than 10 days after the date of action.

(b)

The reinstated services must continue until a hearing decision unless, at the hearing, it is determined that the sole issue is one of Federal or State law or policy.

(c)

The agency must reinstate and continue services until a decision is rendered after a hearing if—

(1)

Action is taken without the advance notice required under § 431.211 or § 431.214 of this subpart;

(2)

The beneficiary requests a hearing within 10 days from the date that the individual receives the notice of action. The date on which the notice is received is considered to be 5 days after the date on the notice, unless the beneficiary shows that he or she did not receive the notice within the 5-day period; and

(3)

The agency determines that the action resulted from other than the application of Federal or State law or policy.

(d)

If a beneficiary's whereabouts are unknown, as indicated by the return of unforwardable agency mail directed to him, any discontinued services must be reinstated if his whereabouts become known during the time he is eligible for services. The provisions of this paragraph (d) sunset on October 1, 2034. CMS will follow applicable rulemaking procedures to ensure that policies governing when a beneficiary's whereabouts become known are implemented and effective on October 1, 2034, replacing the policies scheduled to sunset on that date.

Notes, amendments, and revision history

Amendments

[44 FR 17932, Mar. 29, 1979, as amended at 78 FR 42302, July 15, 2013; 89 FR 22866, Apr. 2, 2024; 91 FR 33469, June 3, 2026]

Source

Source: 44 FR 17932, Mar. 29, 1979, unless otherwise noted.

Authority

Authority: 42 U.S.C. 1302.

Source

Source: 43 FR 45188, Sept. 29, 1978, unless otherwise noted.

Amendments

[44 FR 17932, Mar. 29, 1979, as amended at 78 FR 42302, July 15, 2013; 89 FR 22866, Apr. 2, 2024; 91 FR 33469, June 3, 2026]

§431.232. Adverse decision of local evidentiary hearing.

42 C.F.R. § 431.232

If the decision of a local evidentiary hearing is adverse to the applicant or beneficiary, the agency must—

(a)

Inform the applicant or beneficiary of the decision;

(b)

Inform the applicant or beneficiary in writing that he or she has a right to appeal the decision to the State agency within 10 days after the individual receives the notice of the adverse decision. The date on which the notice is received is considered to be 5 days after the date on the notice, unless the individual shows that he or she did not receive the notice within the 5-day period; and

(c)

Inform the applicant or beneficiary of his right to request that his appeal be a de novo hearing; and

(d)

Discontinue services after the adverse decision.

Notes, amendments, and revision history

Amendments

[44 FR 17932, Mar. 29, 1979, as amended at 81 FR 86449, Nov. 30, 2016]

Source

Source: 44 FR 17932, Mar. 29, 1979, unless otherwise noted.

Authority

Authority: 42 U.S.C. 1302.

Source

Source: 43 FR 45188, Sept. 29, 1978, unless otherwise noted.

Amendments

[44 FR 17932, Mar. 29, 1979, as amended at 81 FR 86449, Nov. 30, 2016]

§431.233. State agency hearing after adverse decision of local evidentiary hearing.

42 C.F.R. § 431.233

(a)

Unless the applicant or beneficiary specifically requests a de novo hearing, the State agency hearing may consist of a review by the agency hearing officer of the record of the local evidentiary hearing to determine whether the decision of the local hearing officer was supported by substantial evidence in the record.

(b)

A person who participates in the local decision being appealed may not participate in the State agency hearing decision.

Notes, amendments, and revision history

Source

Source: 44 FR 17932, Mar. 29, 1979, unless otherwise noted.

Authority

Authority: 42 U.S.C. 1302.

Source

Source: 43 FR 45188, Sept. 29, 1978, unless otherwise noted.

§431.240. Conducting the hearing.

42 C.F.R. § 431.240

(a)

All hearings must be conducted—

(1)

At a reasonable time, date, and place;

(2)

Only after adequate written notice of the hearing; and

(3)

By one or more impartial officials or other individuals who have not been directly involved in the initial determination of the action in question.

(b)

If the hearing involves medical issues such as those concerning a diagnosis, an examining physician's report, or a medical review team's decision, and if the hearing officer considers it necessary to have a medical assessment other than that of the individual involved in making the original decision, such a medical assessment must be obtained at agency expense and made part of the record.

(c)

A hearing officer must have access to agency information necessary to issue a proper hearing decision, including information concerning State policies and regulations.

Notes, amendments, and revision history

Amendments

[44 FR 17932, Mar. 29, 1979, as amended at 78 FR 42302, July 15, 2013]

Source

Source: 44 FR 17932, Mar. 29, 1979, unless otherwise noted.

Authority

Authority: 42 U.S.C. 1302.

Source

Source: 43 FR 45188, Sept. 29, 1978, unless otherwise noted.

Amendments

[44 FR 17932, Mar. 29, 1979, as amended at 78 FR 42302, July 15, 2013]

§431.241. Matters to be considered at the hearing.

42 C.F.R. § 431.241

The hearing must cover—

(a)

Any matter described in § 431.220(a)(1) for which an individual requests a fair hearing.

(b)

A decision by a skilled nursing facility or nursing facility to transfer or discharge a resident; and

(c)

A State determination with regard to the preadmission screening and annual resident review requirements of section 1919(e)(7) of the Act.

Notes, amendments, and revision history

Amendments

[57 FR 56505, Nov. 30, 1992, as amended at 81 FR 86449, Nov. 30, 2016] ]

Source

Source: 44 FR 17932, Mar. 29, 1979, unless otherwise noted.

Authority

Authority: 42 U.S.C. 1302.

Source

Source: 43 FR 45188, Sept. 29, 1978, unless otherwise noted.

Amendments

[57 FR 56505, Nov. 30, 1992, as amended at 81 FR 86449, Nov. 30, 2016] ]

§431.242. Procedural rights of the applicant or beneficiary.

42 C.F.R. § 431.242

The applicant or beneficiary, or his representative, must be given an opportunity to—

(a)

Examine at a reasonable time before the date of the hearing and during the hearing—

(1)

The content of the applicant's or beneficiary's case file and electronic account, as defined in § 435.4 of this chapter; and

(2)

All documents and records to be used by the State or local agency or the skilled nursing facility or nursing facility at the hearing;

(b)

Bring witnesses;

(c)

Establish all pertinent facts and circumstances;

(d)

Present an argument without undue interference; and

(e)

Question or refute any testimony or evidence, including opportunity to confront and cross-examine adverse witnesses.

(f)

Request an expedited fair hearing.

Notes, amendments, and revision history

Amendments

[44 FR 17932, Mar. 29, 1979, as amended at 57 FR 56506, Nov. 30, 1992; 81 FR 86449, Nov. 30, 2016]

Source

Source: 44 FR 17932, Mar. 29, 1979, unless otherwise noted.

Authority

Authority: 42 U.S.C. 1302.

Source

Source: 43 FR 45188, Sept. 29, 1978, unless otherwise noted.

Amendments

[44 FR 17932, Mar. 29, 1979, as amended at 57 FR 56506, Nov. 30, 1992; 81 FR 86449, Nov. 30, 2016]

§431.243. Parties in cases involving an eligibility determination.

42 C.F.R. § 431.243

If the hearing involves an issue of eligibility and the Medicaid agency is not responsible for eligibility determinations, the agency that is responsible for determining eligibility must participate in the hearing.

Notes, amendments, and revision history

Source

Source: 44 FR 17932, Mar. 29, 1979, unless otherwise noted.

Authority

Authority: 42 U.S.C. 1302.

Source

Source: 43 FR 45188, Sept. 29, 1978, unless otherwise noted.

§431.244. Hearing decisions.

42 C.F.R. § 431.244

(a)

Hearing recommendations or decisions must be based exclusively on evidence introduced at the hearing.

(b)

The record must consist only of—

(1)

The transcript or recording of testimony and exhibits, or an official report containing the substance of what happened at the hearing;

(2)

All papers and requests filed in the proceeding; and

(3)

The recommendation or decision of the hearing officer.

(c)

The applicant or beneficiary must have access to the record at a convenient place and time.

(d)

In any evidentiary hearing, the decision must be a written one that—

(1)

Summarizes the facts; and

(2)

Identifies the regulations supporting the decision.

(e)

In a <I>de novo</I> hearing, the decision must—

(1)

Specify the reasons for the decision; and

(2)

Identify the supporting evidence and regulations.

(f)

The agency must take final administrative action as follows:

(1)

Ordinarily, within 90 days from—

(i)

The date the enrollee filed an MCO, PIHP, or PAHP appeal, not including the number of days the enrollee took to subsequently file for a State fair hearing; or

(ii)

For all other fair hearings, the date the agency receives a request for a fair hearing in accordance with § 431.221(a)(1).

(2)

As expeditiously as the enrollee's health condition requires, but no later than 3 working days after the agency receives, from the MCO, PIHP, or PAHP, the case file and information for any appeal of a denial of a service that, as indicated by the MCO, PIHP, or PAHP—

(i)

Meets the criteria for expedited resolution as set forth in § 438.410(a) of this chapter, but was not resolved within the timeframe for expedited resolution; or

(ii)

Was resolved within the timeframe for expedited resolution, but reached a decision wholly or partially adverse to the enrollee.

(3)

In the case of individuals granted an expedited fair hearing in accordance with § 431.224(a)—

(i)

For a claim related to eligibility described in § 431.220(a)(1), or any claim described in § 431.220(a)(2) (relating to a nursing facility) or § 431.220(a)(3) (related to preadmission and annual resident review), as expeditiously as possible and, effective no later than the date described in § 435.1200(i) of this chapter, no later than 7 working days after the agency receives a request for expedited fair hearing; or

(ii)

For a claim related to services or benefits described in § 431.220(a)(1) as expeditiously as possible and, effective no later than the date described in § 435.1200(i) of this chapter, within the time frame in paragraph (f)(2) of this section.

(iii)

For a claim related to services or benefits described in § 431.220(a)(4), (5) or (6), in accordance with the time frame in paragraph (f)(2) of this section.

(4)

(i)

The agency must take final administrative action on a fair hearing request within the time limits set forth in this paragraph except in unusual circumstances when—

(A)

The agency cannot reach a decision because the appellant requests a delay or fails to take a required action; or

(B)

There is an administrative or other emergency beyond the agency's control.

(ii)

The agency must document the reasons for any delay in the appellant's record.

(g)

The public must have access to all agency hearing decisions, subject to the requirements of subpart F of this part for safeguarding of information.

Notes, amendments, and revision history

Amendments

[44 FR 17932, Mar. 29, 1979, as amended at 67 FR 41095, June 14, 2002; 81 FR 27853, May 6, 2016; 81 FR 86449, Nov. 30, 2016]

Source

Source: 44 FR 17932, Mar. 29, 1979, unless otherwise noted.

Authority

Authority: 42 U.S.C. 1302.

Source

Source: 43 FR 45188, Sept. 29, 1978, unless otherwise noted.

Amendments

[44 FR 17932, Mar. 29, 1979, as amended at 67 FR 41095, June 14, 2002; 81 FR 27853, May 6, 2016; 81 FR 86449, Nov. 30, 2016]

§431.245. Notifying the applicant or beneficiary of a State agency decision.

42 C.F.R. § 431.245

The agency must notify the applicant or beneficiary in writing of—

(a)

The decision; and

(b)

His right to request a State agency hearing or seek judicial review, to the extent that either is available to him.

Notes, amendments, and revision history

Source

Source: 44 FR 17932, Mar. 29, 1979, unless otherwise noted.

Authority

Authority: 42 U.S.C. 1302.

Source

Source: 43 FR 45188, Sept. 29, 1978, unless otherwise noted.

§431.246. Corrective action.

42 C.F.R. § 431.246

The agency must promptly make corrective payments, retroactive to the date an incorrect action was taken, and, if appropriate, provide for admission or readmission of an individual to a facility if—

(a)

The hearing decision is favorable to the applicant or beneficiary; or

(b)

The agency decides in the applicant's or beneficiary's favor before the hearing.

Notes, amendments, and revision history

Amendments

[57 FR 56506, Nov. 30, 1992]

Source

Source: 44 FR 17932, Mar. 29, 1979, unless otherwise noted.

Authority

Authority: 42 U.S.C. 1302.

Source

Source: 43 FR 45188, Sept. 29, 1978, unless otherwise noted.

Amendments

[57 FR 56506, Nov. 30, 1992]