42 CFR 431.242 : 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) — Procedural rights of the applicant or beneficiary.

4 Aug 2016

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

(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.

42 CFR 431.242
[44 FR 17932, Mar. 29, 1979, as amended at 57 FR 56506, Nov. 30, 1992]