[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: 42CFR441.11]



[Page 266-267]

 

                         TITLE 42--PUBLIC HEALTH

 

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

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 441_SERVICES: REQUIREMENTS AND LIMITS APPLICABLE TO SPECIFIC 

 

                      Subpart A_General Provisions

 

Sec.  441.11  Continuation of FFP for institutional services.



    (a) Basic conditions for continuation of FFP. FFP may be continued 

for up to 30 days after the effective date of termination or expiration 

of a provider agreement, if the following conditions are met:

    (1) The Medicaid payments are for recipients admitted to the 

facility before the effective date of termination or expiration.

    (2) The State agency is making reasonable efforts to transfer those 

recipients to other facilities or to alternate care.

    (b) When the 30-day period begins. The 30-day period begins on one 

of the following:

    (1) The effective date of termination of the facility's provider 

agreement by CMS;

    (2) The effective date of termination of the facility's Medicaid 

provider



[[Page 267]]



agreement by the Medicaid agency on its own volition; or

    (3) In the case of an ICF/MR, the later of--

    (i) The effective date of termination or nonrenewal of the 

facility's provider agreement by the Medicaid agency on its own 

volition; or

    (ii) The date of issuance of an administrative hearing decision that 

upholds the agency's termination or nonrenewal action.

    (c) Services for which FFP may be continued. FFP may be continued 

for any of the following services, as defined in subpart A of part 440 

of this chapter:

    (1) Inpatient hospital services.

    (2) Inpatient hospital services for individuals age 65 or older in 

an institution for mental diseases.

    (3) Nursing facility services for individuals age 21 or older.

    (4) Nursing facility services for individuals age 65 or older in an 

institution for mental diseases.

    (5) Inpatient psychiatric services for individuals under age 21.

    (6) Nursing facility services for individuals under 21.

    (7) Intermediate care facility services for the mentally retarded.



[59 FR 56234, Nov. 10, 1994]