[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: 42CFR433.67]



[Page 85]

 

                         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 B_General Administrative Requirements State Financial 

                              Participation

 

Sec.  433.67  Limitations on level of FFP for permissible 



provider-related donations.



    (a)(1) Limitations on bona fide donations. There are no limitations 

on the amount of bona fide provider-related donations that a State may 

receive without a reduction in FFP, as long as the bona fide donations 

meet the requirements of Sec.  433.66(b)(1).

    (2) Limitations on donations for outstationed eligibility workers. 

Effective October 1, 1992, regardless of when a State's transition 

period ends, the maximum amount of provider-related donations for 

oustationed eligibility workers, as described in Sec.  433.66(b)(2), 

that a State may receive without a reduction in FFP may not exceed 10 

percent of a State's medical assistance administrative costs (both the 

Federal and State share), excluding the costs of family planning 

activities. The 10 percent limit for provider-related donations for 

outstationed eligibility workers is not included in the limit in effect 

through September 30, 1995, for health care-related taxes as described 

in Sec.  433.70.

    (b) Calculation of FFP. CMS will deduct from a State's quarterly 

medical assistance expenditures, before calculating FFP, any provider-

related donations received in that quarter that do not meet the 

requirements of Sec.  433.66(b)(1) and provider donations for 

outstationed eligibility workers in excess of the limits specified under 

paragraph (a)(2) of this section.



[57 FR 55138, Nov. 24, 1992, as amended at 58 FR 43180, Aug. 13, 1993]