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. § 442.109

Certification period for ICF/IIDs: General provisions

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(a) A survey agency may certify a facility that fully meets applicable requirements. The State Survey Agency must conduct a survey of each ICF/IID not later than 15 months after the last day of the previous survey.

(b) The statewide average interval between surveys must be 12 months or less, computed in accordance with paragraph (c) of this section.

(c) The statewide average interval is computed at the end of each Federal fiscal year by comparing the last day of the most recent survey for each participating facility to the last day of each facility's previous survey.

[77 FR 29031, May 16, 2012]
Notes of Decisions
Cited in 4 cases, 2005–2008 · leading case: Woodruff v. Mason, 542 F.3d 545 (7th Cir. 2008).
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Woodruff v. Mason, 542 F.3d 545 (7th Cir. 2008). · cites it 4× “See 42 C.F.R. § 442.109 (a); IND. CODE § 16-28-12-1.”
Legacy Healthcare, Inc. v. Barnes & Thornburg, 837 N.E.2d 619 (Ind. Ct. App. 2005). “As a parallel requirement, 42 CFR. § 442.109 states that the survey agency may certify a facility which fully meets the applicable Medicaid requirements for up to twelve months, with the possibility of the two-month extension mentioned in § 442.”
Woodruff v. Wilson, 484 F. Supp. 2d 876 (S.D. Ind. 2007). · cites it 2× “42 CFR § 442.109 (a). The federal regulation provides that ISDH “may certify a facility that fully meets applicable requirements for up to [twelve] months.”
Woodruff, Randall L. v. Mason, Jo Ann (7th Cir. 2008). · cites it 2× “See 42 C.F.R. § 442.109 (a); IND. C ODE § 16-28-12- 1.”
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