42 CFR § 440.386 - Public notice.
---
identifier: "/us/cfr/t42/s440.386"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 440.386 - Public notice."
title_number: 42
title_name: "Public Health"
section_number: "440.386"
section_name: "Public notice."
chapter_name: "CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "C"
subchapter_name: "MEDICAL ASSISTANCE PROGRAMS"
part_number: "440"
part_name: "SERVICES: GENERAL PROVISIONS"
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 45224, Sept. 29, 1978, unless otherwise noted."
cfr_part: "440"
---
# 440.386 Public notice.
Prior to submitting to the Centers for Medicare and Medicaid Services for approval of a State plan amendment to establish an Alternative Benefit Plan or an amendment to substantially modify an existing Alternative Benefit Plan, a state must have provided the public with advance notice of the amendment and reasonable opportunity to comment for such amendment, and have included in the notice a description of the method for assuring compliance with § 440.345 related to full access to EPSDT services, and the method for complying with the provisions of section 5006(e) of the American Recovery and Reinvestment Act of 2009.
[78 FR 42307, July 15, 2013]