42 CFR § 431.231 - Reinstating services.

---
identifier: "/us/cfr/t42/s431.231"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 431.231 - Reinstating services."
title_number: 42
title_name: "Public Health"
section_number: "431.231"
section_name: "Reinstating services."
chapter_name: "CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "C"
subchapter_name: "MEDICAL ASSISTANCE PROGRAMS"
part_number: "431"
part_name: "STATE ORGANIZATION AND GENERAL ADMINISTRATION"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 1302."
regulatory_source: "43 FR 45188, Sept. 29, 1978, unless otherwise noted."
cfr_part: "431"
---


# 431.231 Reinstating services.

(a) The agency may reinstate services if a beneficiary requests a hearing not more than 10 days after the date of action.

(b) The reinstated services must continue until a hearing decision unless, at the hearing, it is determined that the sole issue is one of Federal or State law or policy.

(c) The agency must reinstate and continue services until a decision is rendered after a hearing if—

(1) Action is taken without the advance notice required under § 431.211 or § 431.214 of this subpart;

(2) The beneficiary requests a hearing within 10 days from the date that the individual receives the notice of action. The date on which the notice is received is considered to be 5 days after the date on the notice, unless the beneficiary shows that he or she did not receive the notice within the 5-day period; and

(3) The agency determines that the action resulted from other than the application of Federal or State law or policy.

(d) [Reserved]

[44 FR 17932, Mar. 29, 1979, as amended at 78 FR 42302, July 15, 2013; 89 FR 22866, Apr. 2, 2024]