[Code of Federal Regulations]

[Title 42, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR403.738]



[Page 57-58]

 

                         TITLE 42--PUBLIC HEALTH

 

                    CHAPTER IV--CENTERS FOR MEDICARE

                          & MEDICAID SERVICES,

                        DEPARTMENT OF HEALTH AND

                             HUMAN SERVICES

 

PART 403_SPECIAL PROGRAMS AND PROJECTS--Table of Contents

 

   Subpart G_Religious Nonmedical Health Care Institutions_Benefits, 

                Conditions of Participation, and Payment

 

Sec. 403.738  Condition of participation: Administration.



    An RNHCI must have written policies regarding its organization, 

services, and administration.

    (a) Standard: Compliance with Federal, State, and local laws. The 

RNHCI must operate in compliance with all applicable Federal, State, and 

local laws, regulations, and codes including, but not limited to, those 

pertaining to the following:

    (1) Protection against discrimination on the basis of race, color, 

national origin, age, or handicap (45 CFR parts 80, 84, and 91).

    (2) Protection of human research subjects (45 CFR part 46).

    (3) Application of all safeguards to protect against the possibility 

of fraud and abuse (42 CFR part 455).

    (4) Privacy of individually identifiable health information (45 CFR 

part 164).

    (b) Standard: Governing body. (1) The RNHCI must have a governing 

body, or a person designated to function as a governing body, that is 

legally responsible for establishing and implementing all policies 

regarding the RNHCI's management and operation.

    (2) The governing body must appoint the administrator responsible 

for the management of the RNHCI.

    (c) Standard: Affiliations and disclosure. (1) An affiliation is 

permissible if it is between one of the following:

    (i) An individual serving as an uncompensated director, trustee, 

officer, or other member of the governing body of an RNHCI and a 

provider of medical treatment or services.

    (ii) An individual who is a director, trustee, officer, employee, or 

staff member of an RNHCI and another individual, with whom he or she has 

a family relationship, who is affiliated with (or has an ownership 

interest in) a provider of medical treatment or services.

    (iii) The RNHCI and an individual or entity furnishing goods or 

services as a vendor to both providers of medical treatment or services 

and RNHCIs.

    (2) The RNHCI complies with the disclosure requirements of 

Sec. Sec. 420.206 and 455.104 of this chapter.

    (3) The RNHCI furnishes written notice, including the identity of 

each new individual or company, to CMS at the time of a change, if a 

change occurs in any of the following:

    (i) Persons with an ownership or control interest, as defined in 

Sec. Sec. 420.201 and 455.101 of this chapter.

    (ii) The officers, directors, agents, or managing employees.

    (iii) The religious entity, corporation, association, or other 

company responsible for the management of the RNHCI.



[[Page 58]]



    (iv) The RNHCI's administrator or director of nonmedical nursing 

services.



[64 FR 67047, Nov. 30, 1999, as amended at 68 FR 66720, Nov. 28, 2003]