[Code of Federal Regulations]
[Title 42, Volume 3]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 42CFR441.13]

[Page 247-248]
 
                         TITLE 42--PUBLIC HEALTH
 
  CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF 
                 HEALTH AND HUMAN SERVICES--(Continued)
 
PART 441--SERVICES: REQUIREMENTS AND LIMITS APPLICABLE TO SPECIFIC SERVICES--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 441.13  Prohibitions on FFP: Institutionalized individuals.

    (a) FFP is not available in expenditures for services for--
    (1) Any individual who is in a public institution, as defined in 
Sec. 435.1009 of this subchapter; or
    (2) Any individual who is under age 65 and is in an institution for 
mental diseases, except an individual who is under age 22 and receiving 
inpatient psychiatric services under subpart D of this part.
    (b) With the exception of active treatment services (as defined in 
Sec. 483.440(a) of this chapter for residents

[[Page 248]]

of ICFs/MR and in Sec. 441.154 for individuals under age 21 receiving 
inpatient psychiatric services), payments to institutions for the 
mentally retarded or persons with related conditions and to psychiatric 
facilities or programs providing inpatient psychiatric services to 
individuals under age 21 may not include reimbursement for formal 
educational services or for vocational services. Formal educational 
services relate to training in traditional academic subjects. Subject 
matter rather than setting, time of day, or class size determines 
whether a service is educational. Traditional academic subjects include, 
but are not limited to, science, history, literature, foreign languages, 
and mathematics. Vocational services relate to organized programs that 
are directly related to the preparation of individuals for paid or 
unpaid employment. An example of vocational services is time-limited 
vocational training provided as a part of a regularly scheduled class 
available to the general public.
    (c) FFP is not available in expenditures for services furnished by 
an organ procurement organization on or after April 1, 1988, that does 
not meet the requirements of part 485, subpart D of this chapter.

[43 FR 45229, Sept. 29, 1978, as amended at 51 FR 22041, June 17, 1986; 
53 FR 6549, Mar. 1, 1988; 57 FR 54709, Nov. 20, 1992]