TITLE 42 - PUBLIC HEALTH

CHAPTER IV - CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER C - MEDICAL ASSISTANCE PROGRAMS

PART 430 - GRANTS TO STATES FOR MEDICAL ASSISTANCE PROGRAMS

subpart d - HEARINGS ON CONFORMITY OF STATE MEDICAID PLANS AND PRACTICE TO FEDERAL REQUIREMENTS

430.86 - Discovery.

CMS and any party named in the notice issued under 430.70 has the right to conduct discovery (including depositions) against opposing parties.

Rules 2637 of the Federal Rules of Civil Procedures apply to such proceedings; there will be no fixed rule on priority of discovery. Upon written motion, the presiding officer promptly rules upon any objection to discovery action initiated under this section. The presiding officer also has the power to grant a protective order or relief to any party against whom discovery is sought and to restrict or control discovery so as to prevent undue delay in the conduct of the hearing. Upon the failure of any party to make discovery, the presiding officer may issue any order and impose any sanction (other than contempt orders) authorized by Rule 37 of the Federal Rules of Civil Procedure.