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§457.1140. Program specific review process: Core elements of review.

42 C.F.R. § 457.1140

In adopting the procedures for review of matters described in § 457.1130, a State must ensure that—
(a)
Reviews are conducted by an impartial person or entity in accordance with § 457.1150;
(b)
Review decisions are timely in accordance with § 457.1160;
(c)
Review decisions are written; and
(d)
Applicants and enrollees have an opportunity to—
(1)
Represent themselves or have representatives of their choosing in the review process;
(2)
Timely review their files and other applicable information relevant to the review of the decision;
(3)
Fully participate in the review process, whether the review is conducted in person or in writing, including by presenting supplemental information during the review process; and
(4)
Receive continued enrollment and benefits in accordance with § 457.1170.
Notes, amendments, and revision history

Amendments

[66 FR 2687, Jan. 11, 2001, as amended at 89 FR 22877, Apr. 2, 2024]

Source

Source: 66 FR 2687, Jan. 11, 2001, unless otherwise noted.

Authority

Authority: 42 U.S.C. 1302.

Source

Source: 65 FR 33622, May 24, 2000, unless otherwise noted.

Amendments

[66 FR 2687, Jan. 11, 2001, as amended at 89 FR 22877, Apr. 2, 2024]