42 C.F.R. § 431.211
Advance notice
The State or local agency must send a notice at least 10 days before the date of action, except as permitted under §§ 431.213 and 431.214.
Notes of Decisions
Cited in 30
cases (1 in the last 5 years), 1979–2023 · leading case: Johnson v. Guhl, 91 F. Supp. 2d 754 (D.N.J. 2000).
Johnson v. Guhl, 91 F. Supp. 2d 754 (D.N.J. 2000). “Even assuming Plaintiffs had a protected property interest, Plaintiffs claim that they were deprived of their right to due process in violation of the prior notice requirements set forth in 42 C.F.R. §§ 431.211 , 16 435.919, 17 and 447.”
NB Ex Rel. Peacock v. Dist. of Columbia, 794 F.3d 31 (D.C. Cir. 2015). “Apart from certain narrow exceptions not in issue here, the regulations provide that, when the District is required to afford notice, it must give notice “at least 10 days before the date of [an] action,” 42 C.F.R. § 431.211 ; see also id. §§ 431.”
Commonwealth of Pennsylvania, Petitioner, v. Dep't of Health & Human Servs., Respondent, 723 F.2d 1114 (3rd Cir. 1983). “In the meantime, Pennsylvania, like other participating states, received notice from HHS that (1) it was uncertain when the amendment would become effective; (2) funding for medically necessary abortions would continue until that time; (3) states were not obligated to finance…”
Prunckun v. Delaware Dept. of Health & Soc. Servs. Oldham v. Delaware Dept. of Health & Soc. Servs., 201 A.3d 525 (Del. 2019). “" 42 C.F.R. § 431.211 (2013). DHSS asserted before the Hearing Officer that "if there had been a reduction or if the state was proposing a reduction in services the state certainly agrees that would give rise that is an action that would give rise to the right to a fair hearing.”
Granato v. Bane, 841 F. Supp. 64 (N.D.N.Y. 1994). “17 On November 16, 1988, while awaiting her fair hearing, Plaintiff initiated this lawsuit, alleging that Defendants have violated: (1) her due process rights; (2) her rights under certain Medicaid regulations, to wit, 42 C.F.R. §§ 431.211 and 431.231; (3) the Supremacy Clause,…”
Stenson v. Blum, 476 F. Supp. 1331 (S.D.N.Y. 1979). “” 42 C.F.R. § 431.210 (1979). 14 Additionally, with limited exceptions, “the state or local agency must mail a notice at least 10 days before the date of the action.”
Nededog v. Colorado Dep't of Health Care Policy & Fin., 98 P.3d 960 (Colo. Ct. App. 2004). “42 C.F.R. § 431.211 . The notice must include a description of the action to be taken, the reason for the action, and the legal authority for the action.”
N.B. v. Dist. of Columbia, 244 F. Supp. 3d 176 (D.D.C. 2017). “(citing 42 C.F.R. § 431.211 ). Indeed, it further observed that the District cannot know that it is going to deny a prescription until it is submitted to the pharmacist, and thus cannot possibly, provide ten days’ advance notice before denying prescription coverage.”
Mitchell ex rel. Mitchell v. Cmty. Mental Health of Cent. Michigan, 243 F. Supp. 3d 822 (E.D. Mich. 2017). “” 42 C.F.R, § 431.211; see also id. §§ 431.”
Rosen v. Goetz, 410 F.3d 919 (6th Cir. 2005). “1011 , three times the ten-day period required by regulation, 42 C.F.R. § 431.211 , and equals or exceeds the periods afforded by other States, see JA 492 (noting that Illinois provides only 21 days for return of a form to reverify eligibility and Missouri provides 10 days).”
Frank v. Kizer, 213 Cal. App. 3d 919 (Cal. Ct. App. 1989). “( 42 C.F.R. § 431.211 (1987) [all regulations are to the year 1987].”
Olson v. Wing, 281 F. Supp. 2d 476 (E.D.N.Y 2003). “If a recipient fails to attend or reschedule that re-certification interview, the recipient is issued a Notice of Decision which informs him or her of the date on which benefits will be terminated pursuant to the terms set forth in 42 C.F.R. § 431.211 and 18 N.Y.C.R.R. § 358-2.”
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