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. § 442.117

Termination of certification for ICFs/IID whose deficiencies pose immediate jeopardy

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(a) A survey agency must terminate a facility's certification if it determines that—

(1) The facility no longer meets conditions of participation for ICFs/IID as specified in subpart I of part 483 of this chapter.

(2) The facility's deficiencies pose immediate jeopardy to residents' health and safety.

(b) Subsequent to a certification of a facility's noncompliance, the Medicaid agency must, in terminating the provider agreement, follow the appeals process specified in part 431, subpart D of this chapter.

[51 FR 24491, July 3, 1986, as amended at 59 FR 56236, Nov. 10, 1994]
Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1985–2022 · leading case: Legacy Healthcare, Inc. v. Barnes & Thornburg, 837 N.E.2d 619 (Ind. Ct. App. 2005).
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Legacy Healthcare, Inc. v. Barnes & Thornburg, 837 N.E.2d 619 (Ind. Ct. App. 2005). · cites it 3× “Indeed, 42 C.F.R. § 442.117 provides that the survey agency "must terminate a facility's certification if it determines that .”
Indiana State Dep't of Health v. Legacy Healthcare, Inc., 752 N.E.2d 185 (Ind. Ct. App. 2001). · cites it 2× “42 C.F.R. § 442.117 (b). There is no question under federal law that, where appropriate, the Department has the authority to decertify ICF/MRs.”
Legacy Healthcare, Inc. v. Feldman, 11 F. App'x 589 (7th Cir. 2001). · cites it 2× “42 C.F.R. § 442.117 provides that the ISDH “must terminate a facility’s certification if it determines that .”
Woodruff v. Wilson, 484 F. Supp. 2d 876 (S.D. Ind. 2007). “42 CFR § 442.117 . “Immediate jeopardy means a situation in which immediate corrective action is necessary because the provider’s compliance with one or more requirements of participation or conditions of participation has caused, or is likely to cause, serious injury, harm,…”
Oakwood Cmty. Ctr. icf/mr v. Sebelius, 723 F. Supp. 2d 937 (E.D. Ky. 2010). · cites it 2× “First, Oak-wood argues that the Secretary’s action failed to satisfy the requirements to terminate an ICF/MR certification set forth in 42 C.F.R. § 442.117 . This section provides, (a) A survey agency must terminate a facility’s certification if it determines that— (1) The…”
Fleetwood Cmty. Home v. Bost, 110 S.W.3d 635 (Tex. App.—Austin 2003). “” See 42 C.F.R. § 442.117 (a)(2) (2003). In this case, the Department terminated Fleetwood’s certification pursuant to a “23-day fast track” procedure, which Department staff described as providing a 23-day period, following a survey finding immediate and serious threat to…”
Mississippi Medicaid Com'n v. US DEPT. OF HEALTH & HUMAN SERV., 633 F. Supp. 78 (S.D. Miss. 1985). “In further support of its argument, the plaintiff cites 42 CFR § 442.117 (a) which states: A survey agency must terminate a facility's certification if it determines that — (1) The facility no longer meets applicable conditions of participation (for SNFs) .”
Mississippi Medicaid Comm'n v. United States Dep't of Health & Human Servs., 633 F. Supp. 78 (S.D. Miss. 1985). “In further support of its argument, the plaintiff cites 42 CFR § 442.117 (a) which states: A survey agency must terminate a facility’s certification if it determines that—(1) The facility no longer meets applicable conditions of participation (for SNFs) .”
Disability Rights Washington v. Meneses, No. 3:22-cv-05651 (W.D. Wash. Nov. 1, 2022). “at 12 (citing 11 42 C.F.R. 442.117(a)(2)). Defendant Susan Birch is responsible for Medicaid licenses for both 12 intermediate care facilities and skilled nursing facilities.”
Disability Rights Washington v. Meneses, No. 3:22-cv-05651 (W.D. Wash. Dec. 15, 2022). “at 14 (citing 42 C.F.R. 442.117(a)(2)). Defendant Susan Birch is responsible for 22 Medicaid licenses for both intermediate care facilities and skilled nursing facilities.”
Fleetwood Cmty. Home v. Eric M. Bost, Comm'r, in His Off. Capacity & Texas Dep't of Human Servs., No. 03-02-00570-CV (Tex. App.—Austin June 26, 2003). “" See 42 C.F.R. § 442.117 (a)(2) (2003). In this case, the Department terminated Fleetwood's certification pursuant to a "23-day fast track" procedure, which Department staff described as providing a 23-day period, following a survey finding immediate and serious threat to…”
42 C.F.R. § 442.117(a)(1): 1 case
Indiana State Dep't of Health v. Legacy Healthcare, Inc., 752 N.E.2d 185 (Ind. Ct. App. 2001). “42 C.F.R. § 442.117 (b). There is no question under federal law that, where appropriate, the Department has the authority to decertify ICF/MRs.”
42 C.F.R. § 442.117(a)(2): 2 cases
Disability Rights Washington v. Meneses, No. 3:22-cv-05651 (W.D. Wash. Nov. 1, 2022). “at 12 (citing 11 42 C.F.R. 442.117(a)(2)). Defendant Susan Birch is responsible for Medicaid licenses for both 12 intermediate care facilities and skilled nursing facilities.”
Disability Rights Washington v. Meneses, No. 3:22-cv-05651 (W.D. Wash. Dec. 15, 2022). “at 14 (citing 42 C.F.R. 442.117(a)(2)). Defendant Susan Birch is responsible for 22 Medicaid licenses for both intermediate care facilities and skilled nursing facilities.”
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