[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: 42CFR431.18]



[Page 23-24]

 

                         TITLE 42--PUBLIC HEALTH

 

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

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 431_STATE ORGANIZATION AND GENERAL ADMINISTRATION--Table of Contents

 

                      Subpart A_Single State Agency

 

Sec.  431.18  Availability of agency program manuals.



    (a) Basis and purpose. This section, based on section 1902(a)(4) of 

the Act, prescribes State plan requirements for facilitating access to 

Medicaid rules and policies by individuals outside the State Medicaid 

agency.

    (b) State plan requirements. A State plan must provide that the 

Medicaid agency meets the requirements of paragraphs (c) through (g) of 

this section.

    (c) Availability in agency offices. (1) The agency must maintain, in 

all its offices, copies of its current rules and



[[Page 24]]



policies that affect the public, including those that govern 

eligibility, provision of medical assistance, covered services, and 

recipient rights and responsibilities.

    (2) These documents must be available upon request for review, 

study, and reproduction by individuals during regular working hours of 

the agency.

    (d) Availability through other entities. The agency must provide 

copies of its current rules and policies to--

    (1) Public and university libraries;

    (2) The local or district offices of the Bureau of Indian Affairs;

    (3) Welfare and legal services offices; and

    (4) Other entities that--

    (i) Request the material in order to make it accessible to the 

public;

    (ii) Are centrally located and accessible to a substantial number of 

the recipient population they serve; and

    (iii) Agree to accept responsibility for filing all amendments or 

changes forwarded by the agency.

    (e) Availability in relation to fair hearings. The agency must make 

available to an applicant or recipient, or his representative, a copy of 

the specific policy materials necessary--

    (1) To determine whether to request a fair hearing; or

    (2) To prepare for a fair hearing.

    (f) Availability for other purposes. The agency must establish rules 

for making program policy materials available to individuals who request 

them for other purposes.

    (g) Charges for reproduction. The agency must make copies of its 

program policy materials available without charge or at a charge related 

to the cost of reproduction.



[44 FR 17931, Mar. 23, 1979]