[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: 42CFR433.131]



[Page 95]

 

                         TITLE 42--PUBLIC HEALTH

 

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

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 433_STATE FISCAL ADMINISTRATION--Table of Contents

 

Subpart C_Mechanized Claims Processing and Information Retrieval Systems

 

Sec.  433.131  Waiver for noncompliance with conditions of approval 



and reapproval.



    If a State is unable to comply with the conditions of approval or of 

reapproval and the noncompliance will cause a percentum reduction in 

FFP, CMS will waive the FFP reduction in the following circumstances:

    (a) Good cause. If CMS determines that good cause existed, CMS will 

waive the FFP reduction attributable to those items for which the good 

cause existed. A waiver of FFP consequences of the failure to meet the 

conditions of approval or reapproval based upon good cause will not 

extend beyond two consecutive quarters.

    (b) Circumstances beyond the control of a State. The State must 

satisfactorily explain the circumstances that are beyond its control. 

When CMS grants the waiver, CMS will also defer all other system 

deadlines for the same length of time that the waiver applies.



[50 FR 30848, July 30, 1985, as amended at 54 FR 41974, Oct. 13, 1989]