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Federal regulations · Through 2026-08-25 · Newer source version available

42 CFR 431.233: State agency hearing after adverse decision of local evidentiary hearing.

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Where this section sits in the code
  1. Title 42—Public Health
  2. CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES
  3. SUBCHAPTER C—MEDICAL ASSISTANCE PROGRAMS
  4. PART 431—STATE ORGANIZATION AND GENERAL ADMINISTRATION
  5. Subpart E—Fair Hearings for Applicants and Beneficiaries

(a) Unless the applicant or beneficiary specifically requests a de novo hearing, the State agency hearing may consist of a review by the agency hearing officer of the record of the local evidentiary hearing to determine whether the decision of the local hearing officer was supported by substantial evidence in the record.

(b) A person who participates in the local decision being appealed may not participate in the State agency hearing decision.

Collected 2026-08-27T02:26:11Z. Source file · JSON

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