42 CFR § 495.328 - Request for reconsideration of adverse determination.

---
identifier: "/us/cfr/t42/s495.328"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 495.328 - Request for reconsideration of adverse determination."
title_number: 42
title_name: "Public Health"
section_number: "495.328"
section_name: "Request for reconsideration of adverse determination."
chapter_name: "CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "G"
subchapter_name: "STANDARDS AND CERTIFICATION"
part_number: "495"
part_name: "STANDARDS FOR THE ELECTRONIC HEALTH RECORD TECHNOLOGY INCENTIVE PROGRAM"
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 and 1395hh."
regulatory_source: "75 FR 44565, July 28, 2010, unless otherwise noted."
cfr_part: "495"
---


# 495.328 Request for reconsideration of adverse determination.

If CMS disapproves a State request for any elements of a State's advance planning document or State Medicaid HIT Plan under this subpart, or determines that requirements are met for approval on a date later than the date requested, the decision notice includes the following:

(a) The finding of fact upon which the determination was made.

(b) The procedures for appeal of the determination in the form of a request for reconsideration.