42 C.F.R. § 431.245
Notifying the applicant or beneficiary of a State agency decision
The agency must notify the applicant or beneficiary in writing of—
(a) The decision; and
(b) His right to request a State agency hearing or seek judicial review, to the extent that either is available to him.
Notes of Decisions
Cited in 9
cases (2 in the last 5 years), 1991–2024 · leading case: Salazar v. Dist. of Columbia, 954 F. Supp. 278 (D.D.C. 1996).
Salazar v. Dist. of Columbia, 954 F. Supp. 278 (D.D.C. 1996). “at 1069 (considering § 6320 of the HCFA State Medicaid Manual as “official interpretation” of 42 C.F.R. § 431.245 ). In accordance with Greenstein, Blanchard, and HCFA’s clear guidance on this issue, the Court concludes that Defendants must devise and publicize a formal method…”
Anderson v. Cabinet for Human Resources, 917 S.W.2d 581 (Ky. Ct. App. 1996). “Finally, 42 CFR § 431.245 provides that: The agency must notify the applicant or recipient in writing of— (a) The decision; and (b) His right to .”
Shifflett v. Kozlowski, 843 F. Supp. 133 (W.D. Va. 1994). “244(f), the state agency is required to notify the claimant of the hearing officer’s decision and of the right to appeal to the state agency or state court “to the extent that either is available to him.” This regulation places no time limit on review beyond the hearing…”
Moseley v. Dep't of Pub. Welfare, 598 A.2d 317 (Pa. Commw. Ct. 1991). “The only federal regulation referring to a second review at the state agency level is 42 C.F.R. § 431.245 , which requires the agency to “notify the .”
Weaver v. Doe, 2016 OK CIV APP 30 (Okla. Civ. App. 2016). “§§ 1396r(c)(2), (f)(3) and 42 C.F.R. § 431.245 WILL NOT BE SUBJECT TO ARBITRATION IF SO PROVIDED BY STATE LAW.”
E.H. Vs. Div. of Med. Assistance & Health Servs.(Div. of Med. Assistance & Health Servs.) (N.J. Super. Ct. App. Div. 2017). “While the parties dispute whether DMAHS actually rendered a final decision in this matter, there is no dispute that FCC did not receive a written final decision from DMAHS or notice of its 4 A-4560-15T2 right to judicial review, as required by N.”
Diversicare of Winfield, LLC, by & through its Bus. Off. manager, Carrie Sullins, as authorized Rep. for Paulette Steele v. Alabama Medicaid Agency (Ala. Civ. App. 2023). “, Ex parte Four 11 CL-2022-0714 Further, Diversicare argued that 42 C.F.R. § 431.245 required the Agency to notify it of " 'the agency decision' " in writing and that, "pursuant to federal Medicaid regulations, there can be no State Medicaid agency decision made by operation of…”
Forloine v. Persily (S.D.W. Va 2024). “Otherwise, a Medicaid applicant who loses at the fair hearing could not seek judicial review—a right promised by 42 C.F.R. § 431.245 . Cf. Kostenko v. U.S.”
Salazar v. Dist. of Columbia, 938 F. Supp. 926 (D.D.C. 1996). “at 1069 (considering § 6320 of the HCFA State Medicaid Manual as “official interpretation” of 42 C.F.R. § 431.245 ). In accordance with Greenstein, Blanchard, and HCFA’s clear guidance on this issue, the Court concludes that Defendants must devise and publicize a formal method…”
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