---
kind: "section"
citation: "42 C.F.R. § 431.242"
title: "42"
number: "431.242"
heading: "Procedural rights of the applicant or beneficiary."
url: "https://uscodex.org/cfr/42/431.242"
---

# §431.242. Procedural rights of the applicant or beneficiary.


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](/cfr/42/435.4.md) 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

[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]