42 C.F.R. § 488.2
Statutory basis
This part is based on the indicated provisions of the following sections of the Act:
| Section | Subject |
|---|---|
| 1128 | Exclusion of entities from participation in Medicare. |
| 1128A | Civil money penalties. |
| 1138(b) | Requirements for organ procurement organizations and organ procurement agencies. |
| 1814 | Conditions for, and limitations on, payment for Part A services. |
| 1819 | Requirements for skilled nursing facilities (SNFs). |
| 1820 | Requirements for critical access hospitals (CAHs). |
| 1822 | Hospice Program survey and enforcement procedures. |
| 1832(a)(2)(C) | Requirements for Organizations that provide outpatient physical therapy and speech language pathology services. |
| 1832(a)(2)(F) | Requirements for ambulatory surgical centers (ASCs). |
| 1832(a)(2)(J) | Requirements for partial hospitalization services and intensive outpatient services provided by CMHCs. |
| 1861(e) | Requirements for hospitals. |
| 1861(f) | Requirements for psychiatric hospitals. |
| 1861(m) | Requirements for Home Health Services. |
| 1861(o) | Requirements for Home Health Agencies. |
| 1861(p)(4) | Requirements for rehabilitation agencies. |
| 1861(z) | Institutional planning standards that hospitals and SNFs must meet. |
| 1861(aa) | Requirements for rural health clinics (RHCs) and federally qualified health centers (FQHCs). |
| 1861(cc)(2) | Requirements for comprehensive outpatient rehabilitation facilities (CORFs). |
| 1861(dd) | Requirements for hospices. |
| 1861(ee) | Discharge planning guidelines for hospitals. |
| 1861(ff)(3)(A) | Requirements for CMHCs. |
| 1861(ss)(2) | Accreditation of religious nonmedical health care institutions. |
| 1861(kkk) | Requirements for rural emergency hospitals (REHs). |
| 1863 | Consultation with state agencies, accrediting bodies, and other organizations to develop conditions of participation, conditions for coverage, conditions for certification, and requirements for providers or suppliers. |
| 1864 | Use of State survey agencies. |
| 1865 | Effect of accreditation. |
| 1875(b) | Requirements for performance review of CMS-approved accreditation programs. |
| 1880 | Requirements for hospitals and SNFs of the Indian Health Service. |
| 1881 | Requirements for end stage renal disease (ESRD) facilities. |
| 1883 | Requirements for hospitals that furnish extended care services. |
| 1891 | Conditions of participation for home health agencies; home health quality. |
| 1902 | Requirements for participation in the Medicaid program. |
| 1913 | Medicaid requirements for hospitals that provide nursing facility (NF) care. |
| 1919 | Medicaid requirements for NFs. |
Notes of Decisions
Cited in 2
cases (2 in the last 5 years), 2021–2021 · leading case: Avon Nursing & Rehabilitation v. Becerra
Avon Nursing & Rehabilitation v. Becerra (2021)
“314 ), which concerns the survey process 13 and is based on both sections 1819 (Medicare) and 1919 (Medicaid) of the Social 14 Security Act, see 42 C.F.R. § 488.2 (setting forth statutory bases).”
Chaudhry v. Smith (2021)
“” 42 C.F.R. § 488.2 . 19 29 This regulation provides “[a]pplication and re-application procedures for national accrediting organizations.”
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