42 C.F.R. § 431.242
Procedural rights of the applicant or beneficiary
The applicant or beneficiary, or his representative, must be given an opportunity to—
(a) Examine at a reasonable time before the date of the hearing and during the hearing:
(1) The content of the applicant's or beneficiary's case file and electronic account, as defined in § 435.4 of this chapter; and
(2) All documents and records to be used by the State or local agency or the skilled nursing facility or nursing facility at the hearing;
(b) Bring witnesses;
(c) Establish all pertinent facts and circumstances;
(d) Present an argument without undue interference; and
(e) Question or refute any testimony or evidence, including opportunity to confront and cross-examine adverse witnesses.
(f) Request an expedited fair hearing.
Notes of Decisions
Cited in 16
cases (2 in the last 5 years), 1980–2026 · leading case: Melissa Wilson v. Darin Gordon, 822 F.3d 934 (6th Cir. 2016).
Melissa Wilson v. Darin Gordon, 822 F.3d 934 (6th Cir. 2016). “Specifically, the State argues that it cannot comply with the preliminary injunction without violating 42 C.F.R. § 431.242 and 42 U.S.C. § 18083 (b)(2).”
Ortiz v. Eichler, 616 F. Supp. 1046 (D. Del. 1985). “10 (a)(13)(i); 42 C.F.R. § 431.242 (a), (e); 7 C.F.R. §§ 273 .”
Harris v. Lukhard, 547 F. Supp. 1015 (W.D. Va. 1982). “At 42 C.F.R. § 431.242 the Secretary particularizes these additional standards: The applicant or recipient, or his representative, must be given an opportunity to— (a) Examine at a reasonable time before the date of the hearing and during the hearing: (1) The content of the…”
Persico v. Maher, 465 A.2d 308 (Conn. 1983). “The procedural rights of the applicant at the hearing are recited in 42 C.F.R. § 431.242 . Subsection (a) (2) specifies that the applicant must be given an opportunity to examine at a reasonable time before the date of hearing and during the hearing all documents and records to…”
Albert S. v. Dep't of Health & Mental Hygiene, 891 A.2d 402 (Md. Ct. Spec. App. 2006). “42 C.F.R. § 431.242 ; COMAR 10.01.04.06. In turn, the ALJ’s decision is based “exclusively” on the evidence presented at the hearing.”
Ortiz v. Eichler, 794 F.2d 889 (3rd Cir. 1986). “-10(a)(13)(vi) (1985) (AFDC); accord 42 C.F.R. § 431.242 (e) (1985) (Medicaid); 7 C.”
Mowbray v. Kozlowski, 724 F. Supp. 404 (W.D. Va. 1989). “42 C.F.R. § 431.242 (d) accords an appellant the right to "present an argument without undue interference.”
Gomolisky v. Davis, 716 N.E.2d 970 (Ind. Ct. App. 1999). “42 C.F.R. § 431.242 requires that the applicant be given an opportunity to examine the contents of his case file and the evidence to be used against him, to bring witnesses, to establish all the pertinent facts and circumstances, to present an argument without interference, and…”
Meachem v. Wing, 77 F. Supp. 2d 431 (S.D.N.Y. 1999). “See 42 C.F.R. § 431.242 . The fair hearing decision must be “based exclusively on evidence introduced at the hearing,” and must summarize the facts and identify the regulations and evidence in support of the decision.”
Featherston v. Stanton, 626 F.2d 591 (7th Cir. 1980). “Under 42 C.F.R. § 431.242 (c), an applicant is entitled to establish at a hearing all facts and circumstances pertinent to his claim.”
K.W. ex rel. D.W. v. Armstrong, 298 F.R.D. 479 (D. Idaho 2014). “According to Plaintiffs, this statement is misleading because 42 C.F.R. § 431.242 gives participants the right to "examine .”
Harris v. Lukhard, 733 F.2d 1075 (4th Cir. 1984). “42 C.F.R. § 431.242 . Plaintiffs assert that the Virginia Plan violates these requirements because an applicant is not permitted to produce evidence to establish the value of his real property if different from the assessment nor to refute the assessment.”
— 42 C.F.R. § 431.242(a)(1) — 1 case
Hyzy v. Baker (N.D. Ill. 2019).
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