438.710—Due process: Notice of sanction and pre-termination hearing.
(a) Notice of sanction.
Except as provided in § 438.706(c), before imposing any of the intermediate sanctions specified in this subpart, the State must give the affected entity timely written notice that explains the following:
(b) Pre-termination hearing—
(1) General rule.
Before terminating an MCO or PCCM contract under § 438.708, the State must provide the entity a pre-termination hearing.
(i)
Give the MCO or PCCM written notice of its intent to terminate, the reason for termination, and the time and place of the hearing;
(ii)
After the hearing, give the entity written notice of the decision affirming or reversing the proposed termination of the contract and, for an affirming decision, the effective date of termination; and
(iii)
For an affirming decision, give enrollees of the MCO or PCCM notice of the termination and information, consistent with § 438.10, on their options for receiving Medicaid services following the effective date of termination.