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. § 431.243

Parties in cases involving an eligibility determination

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If the hearing involves an issue of eligibility and the Medicaid agency is not responsible for eligibility determinations, the agency that is responsible for determining eligibility must participate in the hearing.

Notes of Decisions
Cited in 2 cases, 1991–2006 · leading case: Stevens Ex Rel. Stevens v. Indiana Department of Public Welfare
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Stevens Ex Rel. Stevens v. Indiana Department of Public Welfare (1991) indctapp · cites it 2× “42 C.F.R. 431.243, entitled *547 "Parties in cases involving an eligibility determination," states: If the hearing involves an issue of eligibility and the Medicaid agency is not responsible for eligibility determinations, the agency that is responsible for determining…”
Gillmore v. Illinois Department of Human Services (2006) ill “See 42 C.F.R. § 431.243 (2003) (the state Medicaid agency “must participate in the hearing” of an administrative appeal from an adverse eligibility decision, if it did not decide eligibility).”
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