42 CFR 431.233 : Public Health (Part 1 To Parts 1009-1099) — (§ 430.0 To Part 481) — Centers For Medicare & Medicaid Services, Department Of Health And Human Services (Continued) (§ 430.0 To Part 481) — Medical Assistance Programs (§ 430.0 To § 456.725) — State Organization And General Administration (§ 431.1 To § 431.1002) — Fair Hearings For Applicants And Beneficiaries (§ 431.200 To § 431.250) — Procedures (§ 431.230 To § 431.246) — State agency hearing after adverse decision of local evidentiary hearing.

4 Aug 2016

(a) Unless the applicant or beneficiary specifically requests a de novo hearing, the State agency hearing may consist of a review by the agency hearing officer of the record of the local evidentiary hearing to determine whether the decision of the local hearing officer was supported by substantial evidence in the record.

(b) A person who participates in the local decision being appealed may not participate in the State agency hearing decision.

42 CFR 431.233