[Code of Federal Regulations]

[Title 42, Volume 3]

[Revised as of October 1, 2005]

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

[CITE: 42CFR440.150]



[Page 241]

 

                         TITLE 42--PUBLIC HEALTH

 

  CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF 

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 440_SERVICES: GENERAL PROVISIONS--Table of Contents

 

                          Subpart A_Definitions

 

Sec. 440.150  Intermediate care facility (ICF/MR) services.



    (a) ``ICF/MR services'' means those items and services furnished in 

an intermediate care facility for the mentally retarded if the following 

conditions are met:

    (1) The facility fully meets the requirements for a State license to 

provide services that are above the level of room and board;

    (2) The primary purpose of the ICF/MR is to furnish health or 

rehabilitative services to persons with mental retardation or persons 

with related conditions;

    (3) The ICF/MR meets the standards specified in subpart I of part 

483 of this chapter.

    (4) The recipient with mental retardation for whom payment is 

requested is receiving active treatment, as specified in Sec. 483.440 

of this chapter.

    (5) The ICF/MR has been certified to meet the requirements of 

subpart C of part 442 of this chapter, as evidenced by a valid agreement 

between the Medicaid agency and the facility for furnishing ICF/MR 

services and making payments for these services under the plan.

    (b) ICF/MR services may be furnished in a distinct part of a 

facility other than an ICF/MR if the distinct part--

    (1) Meets all requirements for an ICF/MR, as specified in subpart I 

of part 483 of this chapter;

    (2) Is clearly an identifiable living unit, such as an entire ward, 

wing, floor or building;

    (3) Consists of all beds and related services in the unit;

    (4) Houses all recipients for whom payment is being made for ICF/MR 

services; and

    (5) Is approved in writing by the survey agency.



[59 FR 56234, Nov. 10, 1994]