StacksVerified U.S. regulatory reference

42 CFR §457.1130

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov
  1. (a)Eligibility or enrollment matter. A State must ensure that an applicant or enrollee has an opportunity for review, consistent with §§ 457.1140 and 457.1150, of a—
    1. (1)Denial of eligibility;
    2. (2)Failure to make a timely determination of eligibility; and
    3. (3)Suspension or termination of enrollment, including disenrollment for failure to pay cost sharing.
  2. (b)Health services matter. A State must ensure that an enrollee has an opportunity for external review of a—
    1. (1)Delay, denial, reduction, suspension, or termination of health services, in whole or in part, including a determination about the type or level of services; and
    2. (2)Failure to approve, furnish, or provide payment for health services in a timely manner.
  3. (c)Exception. A State is not required to provide an opportunity for review of a matter described in paragraph (a) or (b) of this section if the sole basis for the decision is a provision in the State plan or in Federal or State law requiring an automatic change in eligibility, enrollment, or a change in coverage under the health benefits package that affects all applicants or enrollees or a group of applicants or enrollees without regard to their individual circumstances.