42 C.F.R. § 441.300
Basis and purpose
Section 1915(c) of the Act permits States to offer, under a waiver of statutory requirements, an array of home and community-based services that an individual needs to avoid institutionalization. Those services are defined in § 440.180 of this subchapter. This subpart describes what the Medicaid agency must do to obtain a waiver.
Notes of Decisions
Cited in 37
cases (8 in the last 5 years), 1986–2024 · leading case: Levi Townsend v. Lyle Quasim, Sec'y of the State of Washington Dep't of Soc. & Health Servs. (Dshs), 328 F.3d 511 (9th Cir. 2003).
Levi Townsend v. Lyle Quasim, Sec'y of the State of Washington Dep't of Soc. & Health Servs. (Dshs), 328 F.3d 511 (9th Cir. 2003). “§ 1396n(c); 42 C.F.R. § 441.300 ; Skandalis , 14F.3datl76.”
Ball v. Rodgers, 492 F.3d 1094 (9th Cir. 2007). “302(d), for a state to receive an HCBS waiver, it must assure the Secretary of Health and Human Services that when a recipient is determined to be likely to require the level of care provided in a hospital, [nursing facility], or [intermediate care facility for the mentally…”
Stephanie Price et al. v. Lori Shibinette, Comm'r of the New Hampshire Dep't of Health & Human Servs. et al., 2021 DNH 179 (D.N.H. 2021). “§ 1396n(c); 42 C.F.R. §§ 441.300 et seq. In its application for a § 1915(c) waiver, a state must provide a range of assurances to the Secretary concerning waiver services.”
Doe v. Chiles, 136 F.3d 709 (11th Cir. 1998). “" 42 C.F.R. § 441.300 (1996). See 42 U.S.C.”
Suzman v. Comm'r, Dep't of Health & Human Servs., 2005 ME 80 (Me. 2005). “” 42 C.F.R. § 441.300 (2004). The home or community-based services are for individuals for “whom there has been a determination that but for the provision of such services the individuals would require the level of care provided in a hospital or a nursing facility.”
Michelle P. Ex Rel. Deisenroth v. Holsinger, 356 F. Supp. 2d 763 (E.D. Ky. 2005). “” 42 C.F.R. §§ 441.300 (emphasis added). Under the waiver provisions of the Act, states may include as “medical assistance” the cost of home or community-based services which, if not provided, would require care to be provided in a ICF/MR.”
Cramer v. Chiles, 33 F. Supp. 2d 1342 (S.D. Fla. 1999). “” 42 C.F.R. § 441.300 (emphasis added). Under the waiver provisions of the Act, states may include as “medical assistance” the cost of home or community-based services which, if not provided, would require care to be provided in a nursing home or ICF/DD.”
Rennich Ex Rel. Rennich v. North Dakota Dep't of Human Servs., 2008 ND 171 (N.D. 2008). “” 42 C.F.R. § 441.300 (2007). The waiver program requires that such benefits may only be provided to individuals who, in the absence of such services, would require Medicaid-covered care in a hospital, nursing facility, or ICF/MR.”
Susan J. v. Riley, 254 F.R.D. 439 (M.D. Ala. 2008). “§ 1396n(c)(l); see also 42 C.F.R. § 441.300 (“Section 1915(c) of the Act permits States to offer, under a waiver of statutory requirements, an array of home and community-based services that an individual needs to avoid institutionalization.”
Lewis v. New Mexico Dep't of Health, 275 F. Supp. 2d 1319 (D.N.M. 2003). “See 42 C.F.R. § 441.300 . The waiver program allows states to deviate from Medicaid requirements in the following ways: (1) services do not have to be provided statewide; (2) states can use more liberal financial eligibility criteria; and (3) designated groups can be given…”
Reese v. Dep't of Health & Mental Hygiene, 934 A.2d 1009 (Md. Ct. Spec. App. 2007). “” 42 C.F.R. § 441.300 . Under 42 U.S.C. § 1396n(c)(l), the Medicaid statute allows states to apply for a waiver from HHS to pay for community-based services “pursuant to a written plan of care to individuals with respect to whom there has been a determination that but for the…”
Maryland Dep't of Health & Mental Hygiene v. Brown, 935 A.2d 1128 (Md. Ct. Spec. App. 2007). “§ 1396n(c)(l); see 42 C.F.R. § 441.300 (stating that the federal act “permits States to offer, under a waiver of statutory requirements, an array of home and community-based services that an individual needs to avoid institutionalization”).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.