(a) The plan must provide that the requirements of this subpart are met.
(b) The plan must specify comprehensively the methods and standards used by the agency to set payment rates in a manner consistent with § 430.10 of this chapter.
(c) If the agency chooses to apply the cost limits established under Medicare (see § 413.30 of this chapter) on an individual provider basis, the plan must specify this requirement.
(Approved by the Office of Management and Budget under control number 0938-0193)
[48 FR 56058, Dec. 19, 1983, as amended at 51 FR 34833, Sept. 30, 1986]
Notes of Decisions
Thomas v. Johnston, 557 F. Supp. 879 (W.D. Tex. 1983).
· cites it 4× “Among the arguments Plaintiffs make with respect to this claim is that Defendants violated the statute and 42 C.F.R. § 447.252 (b) 5 by failing to make a proper finding, after consideration of all relevant factors, that the rates are in fact reasonable and adequate to meet the…”
Mississippi Hosp. Ass'n v. Heckler, 701 F.2d 511 (5th Cir. 1983).
· cites it 7× “Under current federal regulations, state Medicaid agencies are required to make assurances to the Secretary that: (1) the requirement in 42 C.F.R. § 447.252 (a)(1) that the state agency must use “rates that are reasonable and adequate to meet the costs that must be incurred by…”
Coalition of Michigan Nursing Homes, Inc. v. Dempsey, 537 F. Supp. 451 (E.D. Mich. 1982).
· cites it 3× “The new regulations, mostly a restatement of the statutory language, required the states to find that payment rates to LTCFs are “reasonable and adequate” and so assure HHS, 42 C.F.R. § 447.252 , ensure that the state plan conforms to the new standards, § 447.”
California Hosp. Ass'n v. Schweiker, 559 F. Supp. 110 (C.D. Cal. 1982).
· cites it 2× “42 C.F.R. § 447.252 (c). Instead, State DHS submitted its findings to HCFA in the form of the background support document and the assurances letter, which referred to the data and comparisons in the background support document.”
Mary Washington Hosp., Inc. v. Fisher, 635 F. Supp. 891 (E.D. Va. 1985).
· cites it 2× “42 C.F.R. § 447.252 (a)(b) and (c). The regulations also require each state to provide an appeals procedure that allows individual hospitals an opportunity to submit additional evidence and request prompt administrative review of payment rates.”
Santa Rosa Mem'l Hosp., Inc. v. Kent, 236 Cal. Rptr. 3d 199 (Cal. Ct. App. 5th 2018).
“" ( 42 C.F.R. § 447.252 (b).) "When originally enacted in 1965, the Medicaid Act required states to reimburse health care providers for the 'reasonable cost' of hospital services rendered; the term 'reasonable cost' was defined under federal standards to correspond to the cost…”
Child.'s Mem'l Hosp. v. Illinois Dep't of Pub. Aid, 562 F. Supp. 165 (N.D. Ill. 1983).
· cites it 3× “Reasonable Likelihood of Success on the Merits This Court recognizes the merits of Children’s -Memorial's claims must be viewed in the context of approval (contemporaneously with the filing of this lawsuit) of IDPA’s reimbursement formula by the Health Care Financing…”
42 C.F.R. § 447.252(a): 1 case
42 C.F.R. § 447.252(b): 2 cases
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