C.F.R. » Title 42 » 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 D—Hearings on Conformity of State Medicaid Plans and Practice to Federal Requirements

42 C.F.R. § 430.102

Decisions following hearing

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(a) Administrator presides. If the presiding officer is the Administrator, he or she issues the hearing decision within 60 days after expiration of the period for submission of posthearing briefs.

(b) Administrator's designee presides. If the presiding officer is other than the Administrator, the procedure is as follows:

(1) Upon expiration of the period allowed for submission of posthearing briefs, the presiding officer certifies the entire record, including his or her recommended findings and proposed decision, to the Administrator. The Administrator serves a copy of the recommended findings and proposed decision upon all parties and amici, if any.

(2) Any party may, within 20 days, file with the Administrator exceptions to the recommended findings and proposed decision and a supporting brief or statement.

(3) The Administrator reviews the recommended decision and, within 60 days of its issuance, issues his or her own decision.

(c) Effect of Administrator's decision. The decision of the Administrator under this section is the final decision of the Secretary and constitutes “final agency action” within the meaning of 5 U.S.C. 704 and a “final determination” within the meaning of section 1116(a)(3) of the Act and § 430.38. The Administrator's decision is promptly served on all parties and amici.

Notes of Decisions
Cited in 6 cases, 2008–2019 · leading case: Planned Parenthood of Indiana, Inc. v. Commissioner of Indiana State Department of Health
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Planned Parenthood of Indiana, Inc. v. Commissioner of Indiana State Department of Health (2012) ca7 · cites it 2× “See 42 C.F.R. § 430.102 . Under 42 C.F.R. § 430.”
State of Tenn. v. United States Dep't of State (2019) ca6 “42 C.F.R. § 430.102 (c). The decision must specify whether a state's FMAP will be withheld entirely or in part, as well as the effective date.”
Timm v. Montana Department of Public Health & Human Services (2008) mont · cites it 2× “…determination' within the meaning of section 1116(a)(3) of the [Social Security] Act and [42 C.F.R.] § 430.38." 42 C.F.R. § 430.102 (c) (2007).”
Planned Parenthood of Indiana, Inc. v. Commissioner of the Indiana State Department of Health (2011) insd “” 42 C.F.R. § 430.102 (c). If the state remains dissatisfied with the Secretary’s determination, the state may seek judicial review.”
Planned Parenthood v. COMMISSIONER OF IND. (2011) insd “" 42 C.F.R. § 430.102 (c). If the state remains dissatisfied with the Secretary's determination, the state may seek judicial review.”
Planned Parenthood o v. Commissione (2012) ca7 · cites it 2× “See 42 C.F.R. § 430.102 . Under 42 C.F.R. § 430.”
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