---
kind: "section"
citation: "42 C.F.R. § 433.121"
title: "42"
number: "433.121"
heading: "Reconsideration of the decision to reduce FFP after reapproval review."
url: "https://uscodex.org/cfr/42/433.121"
---

# §433.121. Reconsideration of the decision to reduce FFP after reapproval review.

- (a) The State Medicaid agency may appeal (to the Departmental Appeals Board under [45 CFR part 16](/cfr/45/part16.md)) a disallowance concerning a reduction in FFP claimed for system operations caused by a disapproval of the State's system.
- (b) The decisions concerning whether to restore any FFP retroactively and the actual number of quarters for which FFP will be restored under [§ 433.122](/cfr/42/433.122.md) of this subpart are not subject to administrative appeal to the Departmental Appeals Board under [45 CFR part 16](/cfr/45/part16.md).
- (c) An agency's request for a reconsideration before the Board under [paragraph (a)](#a) of this section does not delay implementation of the reduction in FFP. However, any reduction is subject to retroactive adjustment if required by the Board's determination on reconsideration.

## Notes

### Amendments

[50 FR 30848, July 30, 1985, as amended at 54 FR 41974, Oct. 13, 1989; 55 FR 1820, Jan. 19, 1990; 76 FR 21974, Apr. 19, 2011]

### Authority

Authority: 42 U.S.C. 1302.

### Source

Source: 43 FR 45201, Sept. 29, 1978, unless otherwise noted.

### Amendments

[50 FR 30848, July 30, 1985, as amended at 54 FR 41974, Oct. 13, 1989; 55 FR 1820, Jan. 19, 1990; 76 FR 21974, Apr. 19, 2011]