[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: 42CFR430.18]



[Page 7-8]

 

                         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 B_State Plans

 

Sec.  430.18  Administrative review of action on State plan material.



    (a) Request for reconsideration. Any State dissatisfied with the 

Administrator's action on plan material under Sec.  430.15 may, within 

60 days after receipt of the notice provided under Sec.  430.16(b), 

request that the Administrator reconsider the issue of whether the plan 

or plan amendment conforms to the requirements for approval.

    (b) Notice and timing of hearing. (1) Within 30 days after receipt 

of the request, the Administrator notifies the



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State of the time and place of the hearing.

    (2) The hearing takes place not less than 30 days nor more than 60 

days after the date of the notice, unless the State and the 

Administrator agree in writing on an earlier or later date.

    (c) Hearing procedures. The hearing procedures are set forth in 

subpart D of this part.

    (d) Decision. A decision affirming, modifying, or reversing the 

Administrator's original determination is made in accordance with Sec.  

430.102.

    (e) Effect of hearing decision. (1) Denial of Federal funds, if 

required by the Administrator's original determination, will not be 

delayed pending a hearing decision.

    (2) However, if the Administrator determines that his or her 

original decision was incorrect, CMS pays the State a lump sum equal to 

any funds incorrectly denied.