42 C.F.R. Subpart A—Introduction; General Provisions
Title 42 - Public Health
Title XIX of the Social Security Act, enacted in 1965, authorizes Federal grants to States for medical assistance to low-income persons who are age 65 or over, blind, disabled, or members of families with dependent children or qualified pregnant women or children. The program is jointly financed by the Federal and State governments and administered by States. Within broad Federal rules, each State decides eligible groups, types and range of services, payment levels for services, and administrative and operating procedures. Payments for services are made directly by the State to the individuals or entities that furnish the services. The regulations in subchapter C set forth State plan requirements, standards, procedures, and conditions for obtaining Federal financial participation (FFP). Each part (or subpart of section) in the subchapter describes the specific statutory basis for the regulation. However, where the basis is the Secretary's general authority to issue regulations for any program under the Act (section 1102 of the Act), or his general authority to prescribe State plan requirements needed for proper and efficient administration of the plan (section 1902(a)(4)), those statutory provisions are simply cited without further description. Other regulations applicable to State Medicaid programs include the following: (a) 5 CFR part 900, subpart F, Administration of the Standards for a Merit System of Personnel Administration. (b) The following HHS Regulations in 45 CFR subtitle A:
Part 16—Procedures of the Departmental Appeals Board. Part 74—Administration of Grants. Part 80—Nondiscrimination Under Programs Receiving Federal Assistance Through the Department of Health and Human Services: Effectuation of Title VI of the Civil Rights Act of 1964. Part 81—Practice and Procedure for Hearings Under 45 CFR part 80. Part 84—Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting From Federal Financial Assistance. Part 95—General Administration—grant programs (public assistance and medical assistance). [53 FR 36571, Sept. 21, 1988, as amended at 56 FR 8845, Mar. 1, 1991] Three distinct types of disputes may arise under Medicaid. (a) Compliance with Federal requirements. Disputes that pertain to whether a State's plan or proposed plan amendments, or its practice under the plan meet or continue to meet Federal requirements are subject to the hearing provisions of subpart D of this part. (b) FFP in Medicaid expenditures. Disputes that pertain to disallowances of FFP in Medicaid expenditures (mandatory grants) are heard by the Departmental Appeals Board (the Board) in accordance with procedures set forth in 45 CFR part 16. (c) Discretionary grants disputes. Disputes pertaining to discretionary grants, such as grants for special demonstration projects under sections 1110 and 1115 of the Act, which may be awarded to a Medicaid agency, are also heard by the Board. 45 CFR part 16, appendix A, lists all the types of disputes that the Board hears. [53 FR 36571, Sept. 21, 1988, as amended at 56 FR 8845, Mar. 1, 1991] As used in this subchapter, unless the context indicates otherwise— Contractor means any entity that contracts with the State agency, under the State plan, in return for a payment, to process claims, to provide or pay for medical services, or to enhance the State agency's capability for effective administration of the program. Representative has the meaning given the term by each State consistent with its laws, regulations, and policies. [67 FR 41094, June 14, 2002]
Title 42: Public Health
PART 430—GRANTS TO STATES FOR MEDICAL ASSISTANCE PROGRAMS
Subpart A—Introduction; General Provisions
§ 430.0 Program description.
§ 430.1 Scope of subchapter C.
§ 430.2 Other applicable Federal regulations.
§ 430.3 Appeals under Medicaid.
§ 430.5 Definitions.
