§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

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

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

Authority: 42 U.S.C. 1302.

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

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