[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: 42CFR431.231]



[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.  431.231  Reinstatement of services.



    (a) The agency may reinstate services if a recipient requests a 

hearing not more than 10 days after the date of action.

    (b) The reinstated services must continue until a hearing decision 

unless, at the hearing, it is determined that the sole issue is one of 

Federal or State law or policy.

    (c) The agency must reinstate and continue services until a decision 

is rendered after a hearing if--

    (1) Action is taken without the advance notice required under Sec.  

431.211 or Sec.  431.214 of this subpart;

    (2) The recipient requests a hearing within 10 days of the mailing 

of the notice of action; and

    (3) The agency determines that the action resulted from other than 

the application of Federal or State law or policy.

    (d) If a recipient's whereabouts are unknown, as indicated by the 

return of unforwardable agency mail directed to him, any discontinued 

services must be reinstated if his whereabouts become known during the 

time he is eligible for services.