C.F.R. » Title 42 » CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER G—STANDARDS AND CERTIFICATION › PART 483—REQUIREMENTS FOR STATES AND LONG TERM CARE FACILITIES › Subpart I—Conditions of Participation for Intermediate Care Facilities for Individuals with Intellectual Disabilities

42 C.F.R. § 483.400

Basis and purpose

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This subpart implements section 1905 (c) and (d) of the Act which gives the Secretary authority to prescribe regulations for intermediate care facility services in facilities for individuals with intellectual disabilities or persons with related conditions.

Notes of Decisions
Cited in 10 cases, 1990–2012 · leading case: Harvey v. Mohammed, 841 F. Supp. 2d 164 (D.D.C. 2012).
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Harvey v. Mohammed, 841 F. Supp. 2d 164 (D.D.C. 2012). · cites it 3× “The relevant portion of these regulations is found from 42 C.F.R. §§ 483.400 through 483.480, which establish “Conditions of Participation for Intermediate Care Facilities for the Mentally Retarded.”
Thrower v. Pennsylvania, 873 F. Supp. 2d 651 (W.D. Pa. 2012). · cites it 4× “§§ 1396 -1396v (“Medicaid Act”), and implementing regulations found at 42 C.F.R. § 483.400 , et seq. Counts III and IV seek damages from Defendant Lightbourn — Decedent’s treating physician — under a theory of medical professional liability.”
Legacy Healthcare, Inc. v. Barnes & Thornburg, 837 N.E.2d 619 (Ind. Ct. App. 2005). “" See 42 C.F.R. § 483.400 through 483.480 (conditions of participation for ICFs/MR).”
Soc'y for Good Will to Retarded Child., Inc., Cross-Appellants v. Mario M. Cuomo, as Governor of the State of New York, Cross-Appellees, 902 F.2d 1085 (2d Cir. 1990). “§ 794 (1988), offer alternative bases for upholding the relief awarded by the district court and for granting significant additional relief as well.”
Woods Servs., Inc. v. Dep't of Pub. Welfare, 803 A.2d 260 (Pa. Commw. Ct. 2002). “42 C.F.R. §§ 483.400 483.480. 6 . Act of July 31, 1968, P.”
Cox Ex Rel. Dermitt v. Liberty Healthcare Corp., 622 F. Supp. 2d 487 (E.D. Ky. 2008). “Similarly, Cox alleges that the Defendants have also violated various provisions of the Medicaid regulations, under 42 C.F.R. §§ 483.400 , 483.420, and 483.440.”
Alexander v. Pathfinder, Inc., 906 F. Supp. 502 (E.D. Ark. 1995). · cites it 2× “” 42 CFR § 483.400 . Given the preclusive effect of the findings of fact made by the hearing officer, only one conclusion is reasonable: Larry Alexander was discharged from Pathfinder for good cause.”
Oakwood Cmty. Ctr. icf/mr v. Sebelius, 723 F. Supp. 2d 937 (E.D. Ky. 2010). · cites it 3× “The standards prescribed by the Secretary, of course, include the conditions of participation at 42 C.F.R. § 483.400 , et seq. Indeed, 42 C.”
Brown Ex Rel. Thomas v. Fletcher, 624 F. Supp. 2d 593 (E.D. Ky. 2008). “Similarly, Brown alleges that the Defendants have also violated various provisions of the Medicaid regulations, under 42 C.F.R. §§ 483.400 , 483.420, and 483.440.”
Skarnulis v. Belmont, 74 F. App'x 92 (2d Cir. 2003). “e exclusive use of Leo and William McCoy; 2) provide a “core staff’ of at least 15 people to care for Leo and William McCoy; 3) provide an advocate for Leo and William McCoy; 4) provide appropriate day programs for Leo and William McCoy; and 5) comply with ICFMR regulations,…”
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