[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: 42CFR430.38]



[Page 11-12]

 

                         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 C_Grants; Reviews and Audits; Withholding for Failure To Comply; 

   Deferral and Disallowance of Claims; Reduction of Federal Medicaid 

                                Payments

 

Sec.  430.38  Judicial review.



    (a) Right to judicial review. Any State dissatisfied with the 

Administrator's final determination on approvability of plan material 

(Sec.  430.18) or compliance with Federal requirements (Sec.  430.35) 

has a right to judicial review.

    (b) Petition for review. (1) The State must file a petition for 

review with the U.S. Court of Appeals for the circuit in which the State 

is located, within 60



[[Page 12]]



days after it is notified of the determination.

    (2) The clerk of the court will file a copy of the petition with the 

Administrator and the Administrator will file in the court the record of 

the proceedings on which the determination was based.

    (c) Court action. (1) The court is bound by the Administrator's 

findings of fact if they are supported by substantial evidence.

    (2) The court has jurisdiction to affirm the Administrator's 

decision, to set it aside in whole or in part, or, for good cause, to 

remand the case for additional evidence.

    (d) Response to remand. (1) If the court remands the case, the 

Administrator may make new or modified findings of fact and may modify 

his or her previous determination.

    (2) The Administrator will certify to the court the transcript and 

record of the further proceedings.

    (e) Review by the Supreme Court. The judgment of the appeals court 

is subject to review by the U.S. Supreme Court upon certiorari or 

certification, as provided in 28 U.S.C. 1254.