42 C.F.R. § 447.302
State plan requirements
A State plan must provide that the requirements of this subpart are met.
Notes of Decisions
Cited in 12
cases, 1979–2004 · leading case: DeGregorio v. O'BANNON, 500 F. Supp. 541 (E.D. Pa. 1980).
DeGregorio v. O'BANNON, 500 F. Supp. 541 (E.D. Pa. 1980). “42 C.F.R. § 447.302 (b). At the upper limit: 9 The agency may not pay more for long-term care facility services than the provider’s customary charge.”
Country Club Home, Inc. v. Harder, 620 P.2d 1140 (Kan. 1980). “Payment rates could not be set lower than rates the agency could reasonably find were adequate to reimburse in full the actual allowable costs of a facility that was economically and *767 efficiently operated ( 42 C.F.R. § 447.302 [b] [1978]). The agency may not pay more for…”
Ex Parte Luverne Geriatric Ctr., Inc., 480 So. 2d 562 (Ala. 1985). “In a collateral argument, the providers contend the payment plan is likewise in violation of 42 C.F.R. § 447.302 (b), which has the force and effect of law.”
Haven Home Inc. v. Dep't of Pub. Welfare, 346 N.W.2d 225 (Neb. 1984). “Constitution, in that § 1400(b) deprives it of medicaid reimbursement payments to which it was entitled under the standards set by Title XIX of the Social Security Act and the regulations promulgated thereunder.”
Unicare Health Facilities, Inc. v. Miller, 481 F. Supp. 496 (N.D. Ill. 1979). “Plaintiff alleges that the Illinois Medicaid plan violates federal regulation, 42 C.F.R. § 447.302 (b), in that it fails to adequately reimburse plaintiff for the reasonable costs allowable for operating an intermediate care facility.”
State v. Thompson, 630 P.2d 925 (Wash. 1981). “See 42 C.F.R. §§ 447.302 and 447.303 (1980). Appellant DSHS does not challenge the rental paid by respondents for their leased facilities as being unreasonable.”
United States v. Bruno's, Inc., 54 F. Supp. 2d 1252 (M.D. Ala. 1999). “42 C.F.R. §§ 447.302 ; 447.304(a). An Alabama Medicaid Agency regulation addressing reimbursement from Medicaid for covered drugs provides in part as follows: (2) Multiple Source Drugs.”
Medicenter Hosp. v. Commonwealth, Dep't of Pub. Welfare, 468 A.2d 1156 (Pa. Commw. Ct. 1983). “As we have noted, Pennsylvania Medical Assistance regulations have at all times provided for the reimbursement of necessary and reasonable costs for the proper care of Medical Assistance patients.”
Ahlborn v. Arkansas Dep't of Human Servs., 280 F. Supp. 2d 881 (E.D. Ark. 2003). “3 See 42 C.F.R. § 447.302 . Participating states must submit for CMS’s approval a state Medicaid plan.”
Spectrum Health Continuing Care Grp. v. Anna Marie Bowling Irrevocable Trust, 336 F. Supp. 2d 697 (W.D. Mich. 2004). “42 C.F.R. § 447.302 . Regulations promulgat *707 ed by the Secretary are entitled to “legislative effect” unless they exceed his or her statutory authority or are arbitrary or capricious.”
Wal-Mart Stores, Inc. v. Knickrehm, 101 F. Supp. 2d 749 (E.D. Ark. 2000). “See 42 C.F.R. § 447.302 . To participate in the Medicaid program a state must submit to the Secretary of HHS a State Plan which complies with the federal law.”
Geriatrics, Inc. v. Colorado Dep't of Soc. Servs., 712 P.2d 1035 (Colo. Ct. App. 1985). “See 42 C.F.R. § 447.302 (b) and § 447.253(e) (1980).”
— 42 C.F.R. § 447.302(b) — 1 case
Ex Parte Luverne Geriatric Ctr., Inc., 480 So. 2d 562 (Ala. 1985). “In a collateral argument, the providers contend the payment plan is likewise in violation of 42 C.F.R. § 447.302 (b), which has the force and effect of law.”
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