[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: 42CFR431.205]



[Page 36]

 

                         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.  431.205  Provision of hearing system.



    (a) The Medicaid agency must be responsible for maintaining a 

hearing system that meets the requirements of this subpart.

    (b) The State's hearing system must provide for--

    (1) A hearing before the agency; or

    (2) An evidentiary hearing at the local level, with a right of 

appeal to a State agency hearing.

    (c) The agency may offer local hearings in some political 

subdivisions and not in others.

    (d) The hearing system must meet the due process standards set forth 

in Goldberg v. Kelly, 397 U.S. 254 (1970), and any additional standards 

specified in this subpart.