[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: 42CFR457.206]



[Page 385-386]

 

                         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.  457.206  Administrative appeals under SCHIP.



    Three distinct types of determinations are subject to Departmental 

reconsideration upon request by a State.

    (a) Compliance with Federal requirements. A determination that a 

State's plan or proposed plan amendments, or its practice under the plan 

do not meet



[[Page 386]]



(or continue to meet) Federal requirements are subject to the hearing 

provisions of 42 CFR part 430, subpart D of this chapter.

    (b) FFP in State SCHIP expenditures. Disallowances of FFP in State 

SCHIP expenditures (mandatory grants) are subject to Departmental 

reconsideration by the Departmental Appeals Board (the Board) in 

accordance with procedures set forth in 45 CFR part 16.

    (c) Discretionary grants disputes. Determinations listed in 45 CFR 

part 16, appendix A, pertaining to discretionary grants, such as grants 

for special demonstration projects under Section 1115 of the Act, that 

may be awarded to an SCHIP agency, are subject to reconsideration by the 

Departmental Grant Appeals Board.