[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: 42CFR457.203]



[Page 384-385]

 

                         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 B_General Administration_Reviews and Audits; Withholding for 

  Failure to Comply; Deferral and Disallowance of Claims; Reduction of 

                        Federal Medical Payments

 

Sec.  457.203  Administrative and judicial review of action on State 



plan material.



    (a) Request for reconsideration. Any State dissatisfied with the 

Administrator's action on State plan material under Sec.  457.150 may, 

within 60 days after receipt of the notice of final determination 

provided under Sec.  457.160(a), request that the Administrator 

reconsider whether the State plan or plan amendment conforms with the 

requirements for approval.

    (b) Notice of hearing. Within 30 days after receipt of the request, 

the Administrator notifies the State of the time and place of a hearing 

to be held for the purpose of reconsideration.

    (c) Hearing procedures. The hearing procedures set forth in part 

430, subpart D of this chapter govern a hearing requested under this 

section.

    (d) Effect of hearing decision. CMS does not delay the denial of 

Federal funds, if required by the Administrator's original 

determination, pending a



[[Page 385]]



hearing decision. If the Administrator determines that his or her 

original decision was incorrect, CMS will pay the State a lump sum equal 

to any funds incorrectly denied.



[66 FR 2674, Jan. 11, 2001]