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 C—Certification of ICFs/IID

42 C.F.R. § 442.101

Obtaining certification

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) This section states the requirements for obtaining notice of an ICF/IID's certification before a Medicaid agency executes a provider agreement under § 442.12.

(b) The agency must obtain notice of certification from the Secretary for an ICF/IID located on an Indian reservation.

(c) The agency must obtain notice of certification from the survey agency for all other ICFs/IID.

(d) The notice must indicate that one of the following provisions pertains to the ICF/IID:

(1) An ICF/IID meets the conditions of participation set forth in subpart I of part 483 of this chapter.

(2) The ICF/IID has been granted a waiver or variance by CMS or the survey agency under subpart I of part 483 of this chapter.

(3) An ICF/IID has been certified with standard-level deficiencies and

(i) All conditions of participation are found met; and

(ii) The facility submits an acceptable plan of correction covering the remaining deficiencies.

(e) The failure to meet one or more of the applicable conditions of participation is cause for termination or non-renewal of the ICF/IID provider agreement.

[56 FR 48866, Sept. 26, 1991, as amended at 57 FR 43924, Sept. 23, 1992; 59 FR 56236, Nov. 10, 1994; 79 FR 27153, May 12, 2014]
Notes of Decisions
Cited in 9 cases, 1981–2010 · leading case: Woodruff v. Mason, 542 F.3d 545 (7th Cir. 2008).
Sort: Relevance Newest Treatment
Woodruff v. Mason, 542 F.3d 545 (7th Cir. 2008). · cites it 2× “" See 42 C.F.R. § 442.101 (d). In contrast, the ISDH "may certify" a facility with standard-level deficiencies, if certain conditions are met.”
Jackson Ex Rel. Jackson v. Fort Stanton Hosp. & Training Sch., 757 F. Supp. 1243 (D.N.M. 1990). · cites it 2× “42 C.F.R. § 442.101 . It appears that Congress did not intend to create a private cause of action for non-compliance with one, some, or many of the nearly 500 hundred standards.”
Eastwood Nursing & Rehab. Ctr. v. Dep't of Pub. Welfare, 910 A.2d 134 (Pa. Commw. Ct. 2006). “See 42 C.F.R. § 442.101 (a). Under the state MA Program, the Department pays for various medical services, *137 including two types of long term care services: (1) nursing facility services — provided to persons residing in institutional settings, such as nursing facilities, and…”
Legacy Healthcare, Inc. v. Barnes & Thornburg, 837 N.E.2d 619 (Ind. Ct. App. 2005). “Pursuant to 42 C.F.R. § 442.101 , before the OMPP may approve a provider agreement with a facility, it must obtain notice from the ISDH that the facility has met the requirements for certification in the Medicaid program.”
Woodruff v. Wilson, 484 F. Supp. 2d 876 (S.D. Ind. 2007). · cites it 2× “See 42 CFR § 442.101 (stating the requirements for obtaining certification before a Medicaid agency may execute a provider agreement).”
Oakwood Cmty. Ctr. icf/mr v. Sebelius, 723 F. Supp. 2d 937 (E.D. Ky. 2010). · cites it 3× “Specifically, 42 C.F.R. § 442.101 (e) provides that “[t]he failure to meet one or more of the applicable conditions of participation is cause for termination or non-renewal of the ICF/MR provider agreement.”
Geriatrics, Inc. v. Harris, 640 F.2d 262 (10th Cir. 1981). “The state must assure the HEW that the home is licensed, must certify that it meets the standards as set forth in the federal regulations, 42 C.F.R. §§ 442.101 and 442.201 (1979), and inspect the facility at least once a year to assure compliance with the regulations.”
Legacy Healthcare, Inc. v. Feldman, 11 F. App'x 589 (7th Cir. 2001). “42 C.F.R. § 442.101 . Under the provider agreement, a facility receives Medicaid funds for services provided.”
Woodruff, Randall L. v. Mason, Jo Ann (7th Cir. 2008). “” See 42 C.F.R. § 442.101 (d). In contrast, the ISDH “may certify” a facility with No.”
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.