[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: 42CFR442.101]



[Page 303-304]

 

                         TITLE 42--PUBLIC HEALTH

 

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

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 442_STANDARDS FOR PAYMENT TO NURSING FACILITIES AND INTERMEDIATE 

 

                   Subpart C_Certification of ICFs/MR

 

Sec.  442.101  Obtaining certification.



    (a) This section states the requirements for obtaining notice of an 

ICF/MR's certification before a Medicaid agency executes a provider 

agreement under Sec.  442.12.

    (b) The agency must obtain notice of certification from the 

Secretary for an ICF/MR located on an Indian reservation.

    (c) The agency must obtain notice of certification from the survey 

agency for all other ICFs/MR.

    (d) The notice must indicate that one of the following provisions 

pertains to the ICF/MR:

    (1) An ICF/MR meets the conditions of participation set forth in 

subpart I of part 483 of this chapter.

    (2) The ICF/MR has been granted a waiver or variance by CMS or the 

survey agency under subpart I of part 483 of this chapter.



[[Page 304]]



    (3) An ICF/MR has been certified with standard-level deficiencies 

and

    (i) All conditions of participation are found met; and

    (ii) The facility submits an acceptable plan of correction covering 

the remaining deficiencies, subject to other limitations specified in 

Sec.  442.105.

    (e) The failure to meet one or more of the applicable conditions of 

participation is cause for termination or non-renewal of the ICF/MR 

provider agreement.



[56 FR 48866, Sept. 26, 1991, as amended at 57 FR 43924, Sept. 23, 1992; 

59 FR 56236, Nov. 10, 1994]