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. § 430.60

Scope

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(a) This subpart sets forth the rules for hearings to States that appeal a decision to disapprove State plan material (under § 430.18) or to withhold Federal funds (under § 430.35), because the State plan or State practice in the Medicaid program is not in compliance with Federal requirements.

(b) Nothing in this subpart is intended to preclude or limit negotiations between CMS and the State, whether before, during, or after the hearing to resolve the issues that are, or otherwise would be, considered at the hearing. Such negotiations and resolution of issues are not part of the hearing, and are not governed by the rules in this subpart except as expressly provided.

Notes of Decisions
Cited in 3 cases, 1994–2019 · leading case: State of Tenn. v. United States Dep't of State, 931 F.3d 499 (6th Cir. 2019).
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State of Tenn. v. United States Dep't of State, 931 F.3d 499 (6th Cir. 2019). “See 42 C.F.R. §§ 430.60 -104. CMS's decision is final agency action.”
Indep. Acceptance Co. v. California, 204 F.3d 1247 (9th Cir. 2000). “” 42 C.F.R. § 430.60 (b). . Plaintiffs misconstrue New York as holding that a change in effective date requires new notice.”
Kansas Hosp. Ass'n v. Whiteman, 865 F. Supp. 730 (D. Kan. 1994). “This reconsideration process will proceed pursuant to 42 C.F.R. § 430.60 , et seq. and will culminate in a decision by the administrator which is “the final decision of the Secretary and constitutes ‘final agency action’ within the meaning of 5 U.”
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