[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR430.104]



[Page 19]

 

                         TITLE 42--PUBLIC HEALTH

 

  CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF 

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 430_GRANTS TO STATES FOR MEDICAL ASSISTANCE PROGRAMS--Table of 

 

Subpart D_Hearings on Conformity of State Medicaid Plans and Practice to 

                          Federal Requirements

 

Sec.  430.104  Decisions that affect FFP.



    (a) Scope of decisions. If the Administrator concludes that 

withholding of FFP is necessary because a State is out of compliance 

with Federal requirements, in accordance with Sec.  430.35, the decision 

also specifies--

    (1) Whether no further payments will be made to the State or whether 

payments will be limited to parts of the program not affected by the 

noncompliance; and

    (2) The effective date of the decision to withhold.

    (b) Consultation. The Administrator may ask the parties for 

recommendations or briefs or may hold conferences of the parties on the 

question of further payments to the State.

    (c) Effective date of decision. The effective date of a decision to 

withhold Federal funds will not be earlier than the date of the 

Administrator's decision and will not be later than the first day of the 

next calendar quarter. The provisions of this section may not be waived 

under Sec.  430.64.