[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 42CFR431.50]



[Page 24-25]

 

                         TITLE 42--PUBLIC HEALTH

 

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

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 431_STATE ORGANIZATION AND GENERAL ADMINISTRATION--Table of Contents

 

              Subpart B_General Administrative Requirements

 

Sec.  431.50  Statewide operation.



    (a) Statutory basis. Section 1902(a)(1) of the Act requires a State 

plan to be



[[Page 25]]



in effect throughout the State, and section 1915 permits certain 

exceptions.

    (b) State plan requirements. A State plan must provide that the 

following requirements are met:

    (1) The plan will be in operation statewide through a system of 

local offices, under equitable standards for assistance and 

administration that are mandatory throughout the State.

    (2) If administered by political subdivisions of the State, the plan 

will be mandatory on those subdivisions.

    (3) The agency will ensure that the plan is continuously in 

operation in all local offices or agencies through--

    (i) Methods for informing staff of State policies, standards, 

procedures, and instructions;

    (ii) Systematic planned examination and evaluation of operations in 

local offices by regularly assigned State staff who make regular visits; 

and

    (iii) Reports, controls, or other methods.

    (c) Exceptions. (1) ``Statewide operation'' does not mean, for 

example, that every source of service must furnish the service State-

wide. The requirement does not preclude the agency from contracting with 

a comprehensive health care organization (such as an HMO or a rural 

health clinic) that serves a specific area of the State, to furnish 

services to Medicaid recipients who live in that area and chose to 

receive services from that HMO or rural health clinic. Recipients who 

live in other parts of the State may receive their services from other 

sources.

    (2) Other allowable exceptions and waivers are set forth in 

Sec. Sec.  431.54 and 431.55.



[56 FR 8847, Mar. 1, 1991; 56 FR 23022, May 20, 1991]