TITLE 42 - PUBLIC HEALTH

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

SUBCHAPTER C - MEDICAL ASSISTANCE PROGRAMS

PART 430 - GRANTS TO STATES FOR MEDICAL ASSISTANCE PROGRAMS

subpart b - STATE PLANS

430.18 - Administrative review of action on State plan material.

  (a) Request for reconsideration. Any State dissatisfied with the Administrator's action on plan material under 430.15 may, within 60 days after receipt of the notice provided under 430.16(b), request that the Administrator reconsider the issue of whether the plan or plan amendment conforms to the requirements for approval.

  (b) Notice and timing of hearing. (1) Within 30 days after receipt of the request, the Administrator notifies the State of the time and place of the hearing.

  (2) The hearing takes place not less than 30 days nor more than 60 days after the date of the notice, unless the State and the Administrator agree in writing on an earlier or later date.

  (c) Hearing procedures. The hearing procedures are set forth in subpart D of this part.

  (d) Decision. A decision affirming, modifying, or reversing the Administrator's original determination is made in accordance with 430.102.

  (e) Effect of hearing decision. (1) Denial of Federal funds, if required by the Administrator's original determination, will not be delayed pending a hearing decision.

  (2) However, if the Administrator determines that his or her original decision was incorrect, CMS pays the State a lump sum equal to any funds incorrectly denied.