[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: 42CFR430.74]



[Page 15-16]

 

                         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.  430.74  Issues at hearing.



    The list of issues specified in the notice of hearing may be 

augmented or reduced as provided in this section.

    (a) Additional issues. (1) Before a hearing under Sec.  430.35, the 

Administrator may send written notice to the State listing additional 

issues to be considered at the hearing. That notice is published in the 

Federal Register.

    (2) If the notice of additional issues is furnished to the State 

less than 20 days before the scheduled hearing date, postponement is 

granted if requested by the State or any other party. The new date may 

be 20 days after the date of the notice, or a later date agreed to by 

the presiding officer.

    (b) New or modified issues. If, as a result of negotiations between 

CMS and the State, the submittal of plan amendment, a change in the 

State program, or other actions by the State, any issue is resolved in 

whole or in part, but new or modified issues are presented, as specified 

by the presiding officer, the hearing proceeds on the new or modified 

issues.



[[Page 16]]



    (c) Issues removed from consideration--(1) Basis for removal. If at 

any time before, during, or after the hearing, the presiding officer 

finds that the State has come into compliance with Federal requirements 

on any issue or part of an issue, he or she removes the appropriate 

issue or part of an issue from consideration. If all issues are removed, 

the hearing is terminated.

    (2) Notice to parties. Before removing any issue or part of an issue 

from consideration, the presiding officer provides all parties other 

than CMS and the State with--

    (i) A statement of the intent to remove and the reasons for removal; 

and

    (ii) A copy of the proposed State plan provision on which CMS and 

the State have agreed.

    (3) Opportunity for written comment. The notified parties have 15 

days to submit, for consideration by the presiding officer, and for the 

record, their views as to, or any information bearing upon, the merits 

of the proposed plan provision and the merits of the reasons for 

removing the issue from consideration.

    (d) Remaining issues. The issues considered at the hearing are 

limited to those issues of which the State is notified as provided in 

Sec.  430.70 and paragraph (a) of this section, and new or modified 

issues described in paragraph (b) of this section. They do not include 

issues or parts of issues removed in accordance with paragraph (c) of 

this section.