C.F.R. » Title 42 » CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER C—MEDICAL ASSISTANCE PROGRAMS › PART 431—STATE ORGANIZATION AND GENERAL ADMINISTRATION › Subpart E—Fair Hearings for Applicants and Beneficiaries

42 C.F.R. § 431.214

Notice in cases of probable fraud

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The agency may shorten the period of advance notice to 5 days before the date of action if—

(a) The agency has facts indicating that action should be taken because of probable fraud by the beneficiary; and

(b) The facts have been verified, if possible, through secondary sources.

Notes of Decisions
Cited in 4 cases, 2001–2015 · leading case: River Nile Invalid Coach & Ambulance, Inc. v. Velez, 601 F. Supp. 2d 609 (D.N.J. 2009).
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River Nile Invalid Coach & Ambulance, Inc. v. Velez, 601 F. Supp. 2d 609 (D.N.J. 2009). “River Nile further argues that “rules at 42 CFR § 431.214 also provide authority for a provider hearing for exclusions, which are defined to include terminations.”
River Nile Invalid Coach & Ambulance v. Velez, 601 F. Supp. 2d 609 (D.N.J. 2009). “River Nile further argues that "rules at 42 CFR § 431.214 also provide authority for a provider hearing for exclusions, which are defined to include terminations.”
Rosen v. Tennessee Comm'r of Fin. & Admin., 204 F. Supp. 2d 1061 (M.D. Tenn. 2001). “” 42 C.F.R. § 431.214 (a) and (b). Under 42 C.”
Charles Drake Cazier v. Dept of H & W (Idaho Ct. App. 2015). “213 (2012) (exceptions from advance notice), or advance notice is only required five days before the date of the action, 42 C.F.R. § 431.214 (2012) (fraud). 42 C.”
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