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. § 442.2

Terms

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In this part—

Facility refers to a nursing facility, and an intermediate care facility for Individuals with Intellectual Disabilities or persons with related conditions (ICF/IID).

Facility, and any specific type of facility referred to, may include a distinct part of a facility as specified in § 440.40 or § 440.150 of this subchapter.

Immediate jeopardy means a situation in which immediate corrective action is necessary because the provider's noncompliance with one or more requirements of participation or conditions of participation has caused, or is likely to cause, serious injury, harm, impairment, or death to an individual receiving care in a facility.

New admission means the admission of a Medicaid beneficiary who has never been in the facility or, if previously admitted, had been discharged or had voluntarily left the facility. The term does not include the following:

(a) Individuals who were in the facility before the effective date of denial of payment for new admissions, even if they become eligible for Medicaid after that date.

(b) If the approved State plan includes payments for reserved beds, individuals who, after a temporary absence from the facility, are readmitted to beds reserved for them in accordance with § 447.40(a) of this chapter.

[43 FR 45233, Sept. 29, 1978, as amended at 51 FR 24491, July 3, 1986; 53 FR 1993, Jan. 25, 1988; 54 FR 5358, Feb. 2, 1989; 56 FR 48865, Sept. 26, 1991; 59 FR 56235, Nov. 10, 1994]
Notes of Decisions
Cited in 4 cases, 2003–2010 · leading case: Fleetwood Cmty. Home v. Bost, 110 S.W.3d 635 (Tex. App. 2003).
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Fleetwood Cmty. Home v. Bost, 110 S.W.3d 635 (Tex. App. 2003). · cites it 3× “See 42 C.F.R. § 442.2 ; SOM § 3010, app. Q at 3.”
Woodruff v. Wilson, 484 F. Supp. 2d 876 (S.D. Ind. 2007). “” 42 CFR § 442.2 . If a facility’s deficiencies do not pose immediate jeopardy, but the facility is not in substantial compliance, ISHD may allow the facility to continue to participate in Medicaid or Medicare for no longer than six months.”
Oakwood Cmty. Ctr. icf/mr v. Sebelius, 723 F. Supp. 2d 937 (E.D. Ky. 2010). “” 42 C.F.R. § 442.2 . 4 . As in its earlier arguments to the ALJ and the DAB, Oakwood suggests that the September revisit survey, relating to earlier survey findings concerning a resident with a history of seizures who drowned while bathing unsupervised, and the concurrent…”
Fleetwood Cmty. Home v. Eric M. Bost, Comm'r, in His Off. Capacity & Texas Dep't of Human Servs. (Tex. App. 2003). · cites it 3× “See 42 C.F.R. § 442.2 ; SOM § 3010, app. Q at 3.”
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