---
kind: "section"
citation: "42 C.F.R. § 440.386"
title: "42"
number: "440.386"
heading: "Public notice."
url: "https://uscodex.org/cfr/42/440.386"
---

# §440.386. Public notice.


Prior to submitting to the Centers for Medicare and Medicaid Services for approval of a State plan amendment to establish an Alternative Benefit Plan or an amendment to substantially modify an existing Alternative Benefit Plan, a state must have provided the public with advance notice of the amendment and reasonable opportunity to comment for such amendment, and have included in the notice a description of the method for assuring compliance with [§ 440.345](/cfr/42/440.345.md) related to full access to EPSDT services, and the method for complying with the provisions of [section 5006(e)](/cfr/42/5006.md?p=e) of the American Recovery and Reinvestment Act of 2009.


## Notes

### Amendments

[78 FR 42307, July 15, 2013]

### Source

Source: 75 FR 23101, Apr. 30, 2010, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302.

### Source

Source: 43 FR 45224, Sept. 29, 1978, unless otherwise noted.

### Amendments

[78 FR 42307, July 15, 2013]