C.F.R. » Title 42 » CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER C—MEDICAL ASSISTANCE PROGRAMS › PART 442—STANDARDS FOR PAYMENT TO NURSING FACILITIES AND INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH INTELLECTUAL DISABILITIES › Subpart A—General Provisions

42 C.F.R. § 442.1

Basis and purpose

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(a) This part states requirements for provider agreements for facility certification relating to the provision of services furnished by nursing facilities and intermediate care facilities for individuals with intellectual disabilities. This part is based on the following sections of the Act:

Section 1902(a)(4), administrative methods for proper and efficient operation of the State plan; Section 1902(a)(27), provider agreements; Section 1902(a)(28), nursing facility standards; Section 1902(a)(33)(B), State survey agency functions; Section 1902(i), circumstances and procedures for denial of payment and termination of provider agreements in certain cases; Section 1905(c), definition of nursing facility; Section 1905(d), definition of intermediate care facility for individuals with intellectual disabilities; Section 1905 (f), definition of nursing facility services; Section 1910, certification and approval of ICFs/IID and of RHCs; Section 1913, hospital providers of nursing facility services; Section 1919 (g) and (h), survey, certification and enforcement of nursing facilities; and Section 1922, correction and reduction plans for intermediate care facilities for individuals with intellectual disabilities.

(b) Section 431.610 of this subchapter contains requirements for designating the State licensing agency to survey these facilities and for certain survey agency responsibilities.

[43 FR 45233, Sept. 29, 1978, as amended at 47 FR 31533, July 20, 1982; 59 FR 56235, Nov. 10, 1994]
Notes of Decisions
Cited in 8 cases, 1980–2007 · leading case: City of Cleburne v. Cleburne Living Ctr., Inc., 473 U.S. 432 (1985).
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City of Cleburne v. Cleburne Living Ctr., Inc., 473 U.S. 432 (1985). · cites it 2× “See also 42 CFR § 442.1 et seq. (1984); 40 Tex. Adm.”
Brogdon Ex Rel. Cline v. Nat'l Healthcare Corp., 103 F. Supp. 2d 1322 (N.D. Ga. 2000). “§ 1396r(b)-(d), and the federal regulations found in 42 C.F.R. § 442.1 , et seq. State survey agencies typically are responsible for conducting inspections of the facilities to ensure their compliance with the participation requirements.”
Libbie Rehab. Ctr., Inc. v. Shalala, 26 F. Supp. 2d 128 (D.D.C. 1998). “(Medicare) and 42 C.F.R. §§ 442.1 et seq. (Medicaid). The facilities are surveyed periodically by state agencies which make findings and recommendations to the Secretary regarding each facility’s compliance with the regulations.”
N. Health Facilities, Inc. v. United States, 39 F. Supp. 2d 563 (D. Maryland 1998). “§ 1396r (b)-(d), and in the federal regulations found in 42 C.F.R. § 442.1 et seq. The state survey agencies typically are responsible for conducting inspections of the facilities to ensure their compliance with the participation requirements.”
Linton ex rel. Arnold v. Comm'r of Health & Env't, 973 F.2d 1311 (6th Cir. 1992). “Moreover, they have argued that their participation in the Medicaid program had been voluntary and that the 1990 State plan has allegedly forced them to continue indefinitely the care of all Medicaid recipients in residence at the time the providers notified the TDHE of their…”
Woods v. Lake Drive Nursing Home, Inc., 503 F. Supp. 183 (D. Maryland 1980). “The apparent argument of the plaintiffs is that this latter statute, along with the federal standards promulgated thereunder (42 C.F.R. 442.1 et seq.), injects a sufficient federal flavor to the claim to confer jurisdiction under § 1331.”
Forum Healthcare Grp., Inc. v. Centers for Medicare & Medicaid Servs., 495 F. Supp. 2d 1321 (N.D. Ga. 2007). “§ 1396r(b)-(d) and the federal regulations found in 42 C.F.R. § 442.1 , et seq. The Court is not authorized to address claims asserted against the United States, the Secretary of Health and Human Services, or their officers and employees, that arise under the Medicare Act until…”
State ex rel. Walker v. Bergman, 755 P.2d 557 (Kan. Ct. App. 1988). “Any ICF receiving Medicaid funds must also conform to 42 C.F.R. § 442.1 et seq. (1987), authorized under 42 U.”
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