---
kind: "section"
citation: "42 C.F.R. § 495.328"
title: "42"
number: "495.328"
heading: "Request for reconsideration of adverse determination."
url: "https://uscodex.org/cfr/42/495.328"
---

# §495.328. Request for reconsideration of adverse determination.


If CMS disapproves a State request for any elements of a State's advance planning document or State Medicaid HIT Plan under this subpart, or determines that requirements are met for approval on a date later than the date requested, the decision notice includes the following:

- (a) **The finding of fact upon which the determination was made.**
- (b) **The procedures for appeal of the determination in the form of a request for reconsideration.**

## Notes

### Authority

Authority: 42 U.S.C. 1302 and 1395hh.

### Source

Source: 75 FR 44565, July 28, 2010, unless otherwise noted.