C.F.R. » Title 42 » CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER C—MEDICAL ASSISTANCE PROGRAMS › PART 441—SERVICES: REQUIREMENTS AND LIMITS APPLICABLE TO SPECIFIC SERVICES › Subpart H—Home and Community-Based Services Waivers for Individuals Age 65 or Older: Waiver Requirements

42 C.F.R. § 441.350

Basis and purpose

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Section 1915(d) of the Act permits States to offer, under a waiver of statutory requirements, home and community-based services not otherwise available under Medicaid to individuals age 65 or older, in exchange for accepting an aggregate limit on the amount of expenditures for which they claim FFP for certain services furnished to these individuals. The home and community-based services that may be furnished are listed in § 440.181 of this subchapter. This subpart describes the procedures the Medicaid agency must follow to request a waiver.

Notes of Decisions
Cited in 2 cases, 2007–2015 · leading case: New Hampshire Ass'n of Counties v. Comm'r, New Hampshire Dep't of Health & Human Servs., 930 A.2d 400 (N.H. 2007).
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New Hampshire Ass'n of Counties v. Comm'r, New Hampshire Dep't of Health & Human Servs., 930 A.2d 400 (N.H. 2007). “2007); 42 C.F.R. §§ 441.350 et seq. (2006). In May, November and December 2002, DHHS sent the counties a series of supplemental bills, which are at the heart of this dispute.”
Price v. Medicaid Dir., 310 F.R.D. 345 (S.D. Ohio 2015). “” 42 C.F.R. § 441.350 . These home and community-based services may include: (1) case management services; (2) homemaker services; (3) home health aide services; (4) personal care services; (5) adult day health services; (6) habilitation services; (7) respite care services; and…”
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