42 C.F.R. § 441.11

Continuation of FFP for institutional services

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(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 beneficiaries admitted to the facility before the effective date of termination or expiration.

(2) The State agency is making reasonable efforts to transfer those beneficiaries 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 agreement by the Medicaid agency on its own volition; or

(3) In the case of an ICF/IID, 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 individuals with intellectual disabilities.

[59 FR 56234, Nov. 10, 1994]
Notes of Decisions
Cited in 5 cases, 1981–2011 · leading case: Blinzinger v. Americana Healthcare Corp., 466 N.E.2d 1371 (Ind. Ct. App. 1984).
Blinzinger v. Americana Healthcare Corp., 466 N.E.2d 1371 (Ind. Ct. App. 1984). · cites it 2× “" 42 CFR 441.11: "(a) If a Medicaid agency terminates or fails to renew a provider agreement for the services specified in paragraph (c) of this section because the services no longer meet the applicable definitions, FFP [Federal Financial Participation] may be continued for a…”
Geriatrics, Inc. v. Harris, 640 F.2d 262 (10th Cir. 1981). “42 C.F.R. § 441.11 (a) (1979). The court heard evidence that relocation of patients would cause trauma; that the cessation of funding would adversely affect the Home’s financial condition; and that the Home had by then corrected several deficiencies.”
Colo. Dept. of Soc. Serv. v. Dept. of Hlth. & Hum. S., 585 F. Supp. 522 (D. Colo. 1984). “See 42 C.F.R. §§ 441.11 and 442.15(c) (1983).”
Woodruff v. Indiana Fam. & Soc. Servs. Admin., 947 N.E.2d 934 (Ind. Ct. App. 2011). · cites it 2× “The notification also stated that provider payments could continue only for up to 30 days from the date of termination *940 or 120 days if under appeal, whichever occurs last, with continued payments based on the condition that reasonable efforts were being made to transfer the…”
Colorado Dep't of Soc. Servs. v. Dep't of Health & Human Servs., 585 F. Supp. 522 (D. Colo. 1984). “See 42 C.F.R. §§ 441.11 and 442.15(c) (1983).”
— 42 C.F.R. § 441.11(b) — 1 case
Blinzinger v. Americana Healthcare Corp., 466 N.E.2d 1371 (Ind. Ct. App. 1984). “" 42 CFR 441.11: "(a) If a Medicaid agency terminates or fails to renew a provider agreement for the services specified in paragraph (c) of this section because the services no longer meet the applicable definitions, FFP [Federal Financial Participation] may be continued for a…”
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