Section 431.213 - Exceptions from advance noticeThe agency may send a notice not later than the date of action if-
(a) The agency has factual information confirming the death of a beneficiary;(b) The agency receives a clear written statement signed by a beneficiary that-(1) He no longer wishes services; or(2) Gives information that requires termination or reduction of services and indicates that he understands that this must be the result of supplying that information;(c) The beneficiary has been admitted to an institution where he is ineligible under the plan for further services;(d) The beneficiary's whereabouts are unknown, and the post office returns mail directed to him indicating no forwarding address (see § 435.919(f)(4) of this chapter for procedures if the beneficiary's whereabouts become known);(e) The agency establishes the fact that the beneficiary has been accepted for Medicaid services by another local jurisdiction, State, territory, or commonwealth;(f) A change in the level of medical care is prescribed by the beneficiary's physician;(g) The notice involves an adverse determination made with regard to the preadmission screening requirements of section 1919(e)(7) of the Act; or(h) The date of action will occur in less than 10 days, in accordance with § 483.15(b)(4)(ii) and (b)(8) , which provides exceptions to the 30 days notice requirements of § 483.15(b)(4)(i) of this chapter.44 FR 17932, Mar. 29, 1979, as amended at 57 FR 56505, Nov. 30, 1992; 58 FR 25784, Apr. 28, 1993; 78 FR 42301 , July 15, 2013; 81 FR 68847 , Oct. 4, 2016 81 FR 68847 , 11/28/2016; 89 FR 22866 , 6/3/2024