[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: 42CFR431.206]



[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.  431.206  Informing applicants and recipients.



    (a) The agency must issue and publicize its hearing procedures.

    (b) The agency must, at the time specified in paragraph (c) of this 

section, inform every applicant or recipient in writing--

    (1) Of his right to a hearing;

    (2) Of the method by which he may obtain a hearing; and

    (3) That he may represent himself or use legal counsel, a relative, 

a friend, or other spokesman.

    (c) The agency must provide the information required in paragraph 

(b) of this section--(1) At the time that the individual applies for 

Medicaid;

    (2) At the time of any action affecting his or her claim;

    (3) At the time a skilled nursing facility or a nursing facility 

notifies a resident in accordance with Sec.  483.12 of this chapter that 

he or she is to be transferred or discharged; and

    (4) At the time an individual receives an adverse determination by 

the State with regard to the preadmission screening and annual resident 

review requirements of section 1919(e)(7) of the Act.



[44 FR 17932, Mar. 29, 1979, as amended at 57 FR 56505, Nov. 30, 1992; 

58 FR 25784, Apr. 28, 1993]



                                 Notice