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Title 42: Public Health
CHAPTER IV: CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED)
SUBCHAPTER C: MEDICAL ASSISTANCE PROGRAMS
PART 431: STATE ORGANIZATION AND GENERAL ADMINISTRATION
Subpart E: Fair Hearings for Applicants and Recipients
: Procedures
431.230 - Maintaining services.
(a) If the agency mails the 10-day or 5-day notice as required under ? 431.211 or ? 431.214 of this subpart, and the recipient requests a hearing before the date of action, the agency may not terminate or reduce services until a decision is rendered after the hearing unless?
(1) It is determined at the hearing that the sole issue is one of Federal or State law or policy; and
(2) The agency promptly informs the recipient in writing that services are to be terminated or reduced pending the hearing decision.
(b) If the agency's action is sustained by the hearing decision, the agency may institute recovery procedures against the applicant or recipient to recoup the cost of any services furnished the recipient, to the extent they were furnished solely by reason of this section.
[44 FR 17932, Mar. 29, 1979, as amended at 45 FR 24882, Apr. 11, 1980]
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