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

42 CFR 431.242: Procedural rights of the applicant or beneficiary.

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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

The applicant or beneficiary, or his representative, must be given an opportunity to—

(a) Examine at a reasonable time before the date of the hearing and during the hearing:

(1) The content of the applicant's or beneficiary's case file and electronic account, as defined in § 435.4 of this chapter; and

(2) All documents and records to be used by the State or local agency or the skilled nursing facility or nursing facility at the hearing;

(b) Bring witnesses;

(c) Establish all pertinent facts and circumstances;

(d) Present an argument without undue interference; and

(e) Question or refute any testimony or evidence, including opportunity to confront and cross-examine adverse witnesses.

(f) Request an expedited fair hearing.

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

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