[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: 42CFR431.200]



[Page 35]

 

                         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 E_Fair Hearings for Applicants and Recipients

 

Sec.  431.200  Basis and scope.



    Source: 44 FR 17932, Mar. 29, 1979, unless otherwise noted.



                           General Provisions





    This subpart--

    (a) Implements section 1902(a)(3) of the Act, which requires that a 

State plan provide an opportunity for a fair hearing to any person whose 

claim for assistance is denied or not acted upon promptly;

    (b) Prescribes procedures for an opportunity for a hearing if the 

State agency or PAHP takes action, as stated in this subpart, to 

suspend, terminate, or reduce services, or an MCO or PIHP takes action 

under subpart F of part 438 of this chapter; and

    (c) Implements sections 1919(f)(3) and 1919(e)(7)(F) of the Act by 

providing an appeals process for any person who--

    (1) Is subject to a proposed transfer or discharge from a nursing 

facility; or

    (2) Is adversely affected by the pre-admission screening or the 

annual resident review that are required by section 1919(e)(7) of the 

Act.



[67 FR 41094, June 14, 2002]