[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: 42CFR442.119]



[Page 305]

 

                         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.  442.119  Duration of denial of payments and subsequent 



termination of an ICF/MR.



    (a) Period of denial. The denial of payments for new admissions will 

continue for 11 months after the month it was imposed unless, before the 

end of that period, the Medicaid agency finds that--

    (1) The facility has corrected the deficiencies or is making a good 

faith effort to achieve compliance with the conditions of participation 

for ICFs/MR; or

    (2) The deficiencies are such that it is necessary to terminate the 

facility's provider agreement.

    (b) Subsequent termination. The Medicaid agency must terminate a 

facility's provider agreement--

    (1) Upon the agency's finding that the facility has been unable to 

achieve compliance with the conditions of participation for ICFs/MR 

during the period that payments for new admissions have been denied;

    (2) Effective the day following the last day of the denial of 

payments period; and

    (3) In accordance with the procedures for appeal of terminations set 

forth in subpart D of part 431 of this chapter.



[51 FR 24491, July 3, 1986, as amended at 59 FR 56236, Nov. 10, 1994]



Subparts D-F [Reserved]