[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: 42CFR440.150]



[Page 254-255]

 

                         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.



[[Page 255]]



    (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]