[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: 42CFR431.230]



[Page 38]

 

                         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.  431.230  Maintaining services.



    (a) If the agency mails the 10-day or 5-day notice as required under 

Sec.  431.211 or Sec.  431.214 of this subpart, and the recipient 

requests a hearing before the date of action, the agency may not 

terminate or reduce services until a decision is rendered after the 

hearing unless--

    (1) It is determined at the hearing that the sole issue is one of 

Federal or State law or policy; and

    (2) The agency promptly informs the recipient in writing that 

services are to be terminated or reduced pending the hearing decision.

    (b) If the agency's action is sustained by the hearing decision, the 

agency may institute recovery procedures against the applicant or 

recipient to recoup the cost of any services furnished the recipient, to 

the extent they were furnished solely by reason of this section.



[44 FR 17932, Mar. 29, 1979, as amended at 45 FR 24882, Apr. 11, 1980]