[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: 42CFR457.160]



[Page 383-384]

 

                         TITLE 42--PUBLIC HEALTH

 

  CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF 

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 457_ALLOTMENTS AND GRANTS TO STATES--Table of Contents

 

Subpart A_Introduction; State Plans for Child Health Insurance Programs 

                         and Outreach Strategies

 

Sec.  457.160  Notice and timing of CMS action on State plan material.



    (a) Notice of final determination. The Administrator provides 

written notification to the State of the approval or disapproval of a 

State plan or plan amendment.

    (b) Timing. (1) A State plan or plan amendment will be considered 

approved unless CMS, within 90 calendar days after receipt of the State 

plan or plan amendment in the CMS central office, sends the State--

    (i) Written notice of disapproval; or

    (ii) Written notice of additional information it needs in order to 

make a final determination.

    (2) A State plan or plan amendment is considered received when the 

designated official or individual, as determined in Sec.  457.150(d) and 

(e), receives an electronic, fax or paper copy of the complete material.

    (3) If CMS requests additional information, the 90-day review period 

for CMS action on the State plan or plan amendment--

    (i) Stops on the day CMS sends a written request for additional 

information or the next business day if the request is sent on a Federal 

holiday or weekend; and

    (ii) Resumes on the next calendar day after the CMS designated 

individual receives an electronic, fax, or hard copy from the State of 

all the requested additional information, unless the information is 

received after 5 p.m. eastern standard time on a day prior to a non-

business day or any time on a non-business day, in which case the review 

period resumes on the following business day.

    (4) The 90-day review period cannot stop or end on a non-business 

day. If the 90th calendar day falls on a non-business day, CMS will 

consider the 90th day to be the next business day.



[[Page 384]]



    (5) CMS may send written notice of its need for additional 

information as many times as necessary to obtain the complete 

information necessary to review the State plan or plan amendment.