42 C.F.R. § 431.242

Current through March 31, 2024
Section 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.

42 C.F.R. §431.242

44 FR 17932, Mar. 29, 1979, as amended at 57 FR 56506, Nov. 30, 1992; 81 FR 86449, Nov. 30, 2016
81 FR 86449, 1/20/2017