[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: 42CFR431.242]



[Page 39]

 

                         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.  431.242  Procedural rights of the applicant or recipient.



    The applicant or recipient, or his representative, must be given an 

opportunity to--

    (a) Examine at a reasonable time before the date of the hearing and 

during the hearing:

    (1) The content of the applicant's or recipient's case file; and

    (2) All documents and records to be used by the State or local 

agency or the skilled nursing facility or nursing facility at the 

hearing;

    (b) Bring witnesses;

    (c) Establish all pertinent facts and circumstances;

    (d) Present an argument without undue interference; and

    (e) Question or refute any testimony or evidence, including 

opportunity to confront and cross-examine adverse witnesses.



[44 FR 17932, Mar. 29, 1979, as amended at 57 FR 56506, Nov. 30, 1992]