45 C.F.R. § 205.5
Plan amendments
(a) State plan requirements. A State plan under title I, IV-A, X, XIV, or XVI (AABD) of the Social Security Act must provide that the plan will be amended whenever necessary to reflect new or revised Federal statutes or regulations, or material change in any phase of State law, organization, policy or State agency operation.
(b) Federal financial participation. Except where otherwise provided, Federal financial participation is available in the additional expenditures resulting from an amended provision of the State plan as of the first day of the calendar quarter in which an approvable amendment is submitted or the date on which the amended provision becomes effective in the State, whichever is later.
Notes of Decisions
Cited in 17
cases, 1976–2009 · leading case: Massachusetts Hosp. Ass'n v. Dep't of Pub. Welfare, 419 Mass. 644 (Mass. 1995).
Massachusetts Hosp. Ass'n v. Dep't of Pub. Welfare, 419 Mass. 644 (Mass. 1995). “45 C.F.R. § 205.5 (a) (1988). Massachusetts participates in the Medicaid program through two State entities, the department and the commission.”
State of New Jersey v. Dep't of Health & Human Servs., 670 F.2d 1262 (3rd Cir. 1981). “Under 45 C.F.R. § 205.5 (a), a state is obligated to amend its plan “whenever necessary to reflect new or revised Federal statutes or regulations.”
St. Tammany Par. Hosp. Serv. Dist. v. Dep't of Health & Human Resources, 677 F. Supp. 455 (E.D. La. 1988). “But 45 C.F.R. § 205.5 requires amendment for “material change in any phase of State policy .”
California Ass'n of Bioanalysts v. Rank, 577 F. Supp. 1342 (C.D. Cal. 1983). “45 C.F.R. § 205.5 (b) (1982) (federal contributions to a state’s Medicaid program may be increased by a plan amendment "as of the first day of the calendar quarter in which an approvable amendment is submitted or the date on which the amended provision becomes effective in the…”
Berlin Dev. Assocs. v. Dep't of Soc. Welfare, 453 A.2d 397 (Vt. 1982). “The plaintiffs originally sought declaratory and injunctive relief, claiming among other things that rate ceilings imposed by the Vermont Department of Social Welfare breached the contract and were inoperable because not amended as per the dictates of 45 C.F.R. § 205.5 (a)…”
Commonwealth of Pennsylvania Dep't of Pub. Welfare v. United States, 48 Fed. Cl. 785 (Fed. Cl. 2001). “Pursuant to 45 C.F.R. § 205.5 , “[a] State Plan ... must provide that the plan will be amended whenever necessary to reflect new or revised Federal statutes or regulations, or material change in any statutes or regulations, or material change in any phase of State law,…”
Massachusetts Fed'n of Nursing Homes, Inc. v. Commonwealth of Massachusetts, 772 F. Supp. 31 (D. Mass. 1991). “45 C.F.R. § 205.5 (a) (1990). As an additional procedural requirement, the state must make findings and provide assurances satisfactory to HCFA that the rates established by the state meet the substantive requirements of the Boren amendment of the Omnibus Reconciliation Act of…”
Crane v. Mathews, 417 F. Supp. 532 (N.D. Ga. 1976). “; (3) that defendants failed to give Medicaid beneficiaries timely notice of the project and opportunity to object and seek administrative review, thereby contravening 45 C.F.R. 205.5 (“State Plan Amendments”) and 205.”
Hamer v. Dep't of Human Servs., 492 A.2d 1253 (D.C. 1985). “” 45 C.F.R. § 205.5 . States participating in the Medicaid program must provide coverage for certain individuals, such as those receiving aid to families with dependent children.”
In Re Est. of Jones, 280 S.W.3d 647 (Mo. Ct. App. 2009). “300, the State failed to follow proper procedure when it did not amend the Missouri Medicaid State Plan and promulgate a rule. A State Plan must be amended “whenever necessary to reflect .”
Wisconsin Hosp. Ass'n v. Reivitz, 630 F. Supp. 1015 (E.D. Wis. 1986). “3 Included among these regulations is 45 C.F.R. § 205.5 (a) requiring that if a state makes a “material change in any phase of State law *1022 .”
Wisconsin Hosp. Ass'n v. Reivitz, 820 F.2d 863 (7th Cir. 1987). “” 45 C.F.R. § 205.5 ; see also 45 C.F.R. § 201.”
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