[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: 42CFR482.1] [Page 481-482] TITLE 42--PUBLIC HEALTH CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) PART 482_CONDITIONS OF PARTICIPATION FOR HOSPITALS--Table of Contents Subpart A_General Provisions Sec. 482.1 Basis and scope. Subpart A_General Provisions Sec. 482.1 Basis and scope. 482.2 Provision of emergency services by nonparticipating hospitals. Subpart B_Administration 482.11 Condition of participation: Compliance with Federal, State and local laws. 482.12 Condition of participation: Governing body. 482.13 Condition of participation: Patients' rights. Subpart C_Basic Hospital Functions 482.21 Condition of participation: Quality assessment and performance improvement program. 482.22 Condition of participation: Medical staff. 482.23 Condition of participation: Nursing services. 482.24 Condition of participation: Medical record services. 482.25 Condition of participation: Pharmaceutical services. 482.26 Condition of participation: Radiologic services. 482.27 Condition of participation: Laboratory services. 482.28 Condition of participation: Food and dietetic services. 482.30 Condition of participation: Utilization review. 482.41 Condition of participation: Physical environment. 482.42 Condition of participation: Infection control. 482.43 Condition of participation: Discharge planning. 482.45 Condition of participation: Organ, tissue, and eye procurement. Subpart D_Optional Hospital Services 482.51 Condition of participation: Surgical services. 482.52 Condition of participation: Anesthesia services. 482.53 Condition of participation: Nuclear medicine services. 482.54 Condition of participation: Outpatient services. 482.55 Condition of participation: Emergency services. 482.56 Condition of participation: Rehabilitation services. 482.57 Condition of participation: Respiratory care services. Subpart E_Requirements for Specialty Hospitals 482.60 Special provisions applying to psychiatric hospitals. 482.61 Condition of participation: Special medical record requirements for psychiatric hospitals. 482.62 Condition of participation: Special staff requirements for psychiatric hospitals. 482.66 Special requirements for hospital providers of long-term care services (``swing-beds''). Authority: Secs. 1102 and 1871 of the Social Security Act (42 U.S.C. 1302 and 1395hh). Source: 51 FR 22042, June 17, 1986, unless otherwise noted. (a) Statutory basis. (1) Section 1861(e) of the Act provides that-- (i) Hospitals participating in Medicare must meet certain specified requirements; and (ii) The Secretary may impose additional requirements if they are found necessary in the interest of the health and safety of the individuals who are furnished services in hospitals. (2) Section 1861(f) of the Act provides that an institution participating in Medicare as a psychiatric hospital must meet certain specified requirements imposed on hospitals under section 1861(e), must be primarily engaged in providing, by or under the supervision of a physician, psychiatric services for the diagnosis and treatment of mentally ill persons, must maintain clinical records and other records that the Secretary finds necessary, and must meet staffing requirements that the Secretary finds necessary to carry out an active program of treatment for individuals who are furnished services in the hospital. A distinct part of an institution can participate as a psychiatric hospital if the institution meets the specified 1861(e) requirements and is primarily engaged in providing psychiatric services, and if the [[Page 482]] distinct part meets the records and staffing requirements that the Secretary finds necessary. (3) Sections 1861(k) and 1902(a)(30) of the Act provide that hospitals participating in Medicare and Medicaid must have a utilization review plan that meets specified requirements. (4) Section 1883 of the Act sets forth the requirements for hospitals that provide long term care under an agreement with the Secretary. (5) Section 1905(a) of the Act provides that ``medical assistance'' (Medicaid) payments may be applied to various hospital services. Regulations interpreting those provisions specify that hospitals receiving payment under Medicaid must meet the requirements for participation in Medicare (except in the case of medical supervision of nurse-midwife services. See Sec. Sec. 440.10 and 440.165 of this chapter.). (b) Scope. Except as provided in subpart A of part 488 of this chapter, the provisions of this part serve as the basis of survey activities for the purpose of determining whether a hospital qualifies for a provider agreement under Medicare and Medicaid. [51 FR 22042, June 17, 1986, as amended at 60 FR 50442, Sept. 29, 1995]