42 CFR § 431.232 - Adverse decision of local evidentiary hearing.
---
identifier: "/us/cfr/t42/s431.232"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 431.232 - Adverse decision of local evidentiary hearing."
title_number: 42
title_name: "Public Health"
section_number: "431.232"
section_name: "Adverse decision of local evidentiary hearing."
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: "2026-03-24"
last_updated: "2026-03-24"
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"
---
# 431.232 Adverse decision of local evidentiary hearing.
If the decision of a local evidentiary hearing is adverse to the applicant or beneficiary, the agency must—
(a) Inform the applicant or beneficiary of the decision;
(b) Inform the applicant or beneficiary in writing that he or she has a right to appeal the decision to the State agency within 10 days after the individual receives the notice of the adverse decision. The date on which the notice is received is considered to be 5 days after the date on the notice, unless the individual shows that he or she did not receive the notice within the 5-day period; and
(c) Inform the applicant or beneficiary of his right to request that his appeal be a *de novo* hearing; and
(d) Discontinue services after the adverse decision.
[44 FR 17932, Mar. 29, 1979, as amended at 81 FR 86449, Nov. 30, 2016]