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 C—Grants; Reviews and Audits; Withholding for Failure To Comply; Deferral and Disallowance of Claims; Reduction of Federal Medicaid Payments

42 C.F.R. § 430.38

Judicial review

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Right to judicial review. Any State dissatisfied with the Administrator's final determination on approvability of plan material (§ 430.18) or compliance with Federal requirements (§ 430.35) has a right to judicial review.

(b) Petition for review. (1) The State must file a petition for review with the U.S. Court of Appeals for the circuit in which the State is located, within 60 days after it is notified of the determination.

(2) The clerk of the court will file a copy of the petition with the Administrator and the Administrator will file in the court the record of the proceedings on which the determination was based.

(c) Court action. (1) The court is bound by the Administrator's findings of fact if they are supported by substantial evidence.

(2) The court has jurisdiction to affirm the Administrator's decision, to set it aside in whole or in part, or, for good cause, to remand the case for additional evidence.

(d) Response to remand. (1) If the court remands the case, the Administrator may make new or modified findings of fact and may modify his or her previous determination.

(2) The Administrator will certify to the court the transcript and record of the further proceedings.

(e) Review by the Supreme Court. The judgment of the appeals court is subject to review by the U.S. Supreme Court upon certiorari or certification, as provided in 28 U.S.C. 1254.

Notes of Decisions
Cited in 6 cases, 2001–2018 · leading case: Planned Parenthood of Indiana, Inc. v. Commissioner of Indiana State Department of Health
Sort: Relevance Newest Treatment
Planned Parenthood of Indiana, Inc. v. Commissioner of Indiana State Department of Health (2012) ca7 “§ 1316 (a)(3); 42 C.F.R. § 430.38 . The hearing was held on December 15, 2011, and on June 20, 2012, the hearing officer sent the Administrator his recommended findings and a proposed decision upholding the initial determination.”
Bonnie L. Ex Rel. Hadsock v. Bush (2001) flsd · cites it 3× “Defendants point to the administrative remedy available in 42 C.F.R. § 430.38 . 3 This remedy when coupled with the scheme provided in 42 U.”
Tennessee v. U.S. Dep't of State (2018) tnwd “§ 1316 (a)(3) ; 42 C.F.R. § 430.38 (a) - (b). A similar administrative process allows a state to seek appellate-court review of CMS's disapproval of a proposed plan amendment.”
Concilio De Salud Integral De Loiza, Inc. v. U.S. Department of Health & Human Services (2008) dcd “§ 1316 (a)(3); 42 C.F.R. § 430.38 ; see also Bowen, 487 U.”
Department of Medical Assistance Services of the Commonwealth of Virginia v. United States Department of Health and Huma (2018) dcd “See 42 C.F.R. § 430.38 (affirming the right to judicial review of federal disallowances of Medicaid payments).”
Planned Parenthood o v. Commissione (2012) ca7 “§ 1316 (a)(3); 42 C.F.R. § 430.38 . The hearing was held on December 15, 2011, and on June 20, 2012, the hearing officer sent the Administrator his rec- ommended findings and a proposed decision upholding the initial determination.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.