[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: 42CFR441.13]



[Page 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.  441.13  Prohibitions on FFP: Institutionalized individuals.



    (a) FFP is not available in expenditures for services for--

    (1) Any individual who is in a public institution, as defined in 

Sec.  435.1010 of this chapter; or

    (2) Any individual who is under age 65 and is in an institution for 

mental diseases, except an individual who is under age 22 and receiving 

inpatient psychiatric services under subpart D of this part.

    (b) With the exception of active treatment services (as defined in 

Sec.  483.440(a) of this chapter for residents of ICFs/MR and in Sec.  

441.154 for individuals under age 21 receiving inpatient psychiatric 

services), payments to institutions for the mentally retarded or persons 

with related conditions and to psychiatric facilities or programs 

providing inpatient psychiatric services to individuals under age 21 may 

not include reimbursement for formal educational services or for 

vocational services. Formal educational services relate to training in 

traditional academic subjects. Subject matter rather than setting, time 

of day, or class size determines whether a service is educational. 

Traditional academic subjects include, but are not limited to, science, 

history, literature, foreign languages, and mathematics. Vocational 

services relate to organized programs that are directly related to the 

preparation of individuals for paid or unpaid employment. An example of 

vocational services is time-limited vocational training provided as a 

part of a regularly scheduled class available to the general public.

    (c) FFP is not available in expenditures for services furnished by 

an organ procurement organization on or after April 1, 1988, that does 

not meet the requirements of part 486 subpart G of this chapter.



[43 FR 45229, Sept. 29, 1978, as amended at 51 FR 22041, June 17, 1986; 

53 FR 6549, Mar. 1, 1988; 57 FR 54709, Nov. 20, 1992; 71 FR 31046, May 

31, 2006; 71 FR 39229, July 12, 2006]