[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: 42CFR442.2]



[Page 300]

 

                         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 A_General Provisions

 

Sec.  442.2  Terms.



    In this part--

    Facility refers to a nursing facility, and an intermediate care 

facility for the mentally retarded or persons with related conditions 

(ICF/MR).

    Facility, and any specific type of facility referred to, may include 

a distinct part of a facility as specified in Sec.  440.40 or Sec.  

440.150 of this subchapter.

    Immediate jeopardy means a situation in which immediate corrective 

action is necessary because the provider's noncompliance with one or 

more requirements of participation or conditions of participation has 

caused, or is likely to cause, serious injury, harm, impairment, or 

death to an individual receiving care in a facility.

    New admission means the admission of a Medicaid recipient who has 

never been in the facility or, if previously admitted, had been 

discharged or had voluntarily left the facility. The term does not 

include the following:

    (a) Individuals who were in the facility before the effective date 

of denial of payment for new admissions, even if they become eligible 

for Medicaid after that date.

    (b) If the approved State plan includes payments for reserved beds, 

individuals who, after a temporary absence from the facility, are 

readmitted to beds reserved for them in accordance with Sec.  447.40(a) 

of this chapter.



[43 FR 45233, Sept. 29, 1978, as amended at 51 FR 24491, July 3, 1986; 

53 FR 1993, Jan. 25, 1988; 54 FR 5358, Feb. 2, 1989; 56 FR 48865, Sept. 

26, 1991; 59 FR 56235, Nov. 10, 1994]