42 CFR §440.40
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)Nursing facility services.
- (1)“Nursing facility services for individuals age 21 or older, other than services in an institution for mental diseases”, means services that are—
- (i)Needed on a daily basis and required to be provided on an inpatient basis under §§ 409.31 through 409.35 of this chapter.
- (ii)Provided by—
- (A)A facility or distinct part (as defined in § 483.5(b) of this chapter) that meets the requirements for participation under subpart B of part 483 of this chapter, as evidenced by a valid agreement between the Medicaid agency and the facility for providing nursing facility services and making payments for services under the plan; or
- (B)If specified in the State plan, a swing-bed hospital that has an approval from CMS to furnish skilled nursing facility services in the Medicare program; and
- (iii)Ordered by and provided under the direction of a physician.
- (2)Nursing facility services include services provided by any facility located on an Indian reservation and certified by the Secretary as meeting the requirements of subpart B of part 483 of this chapter.
- (1)“Nursing facility services for individuals age 21 or older, other than services in an institution for mental diseases”, means services that are—
- (b)EPSDT. “Early and periodic screening and diagnosis and treatment” means—
- (c)Family planning services and supplies for individuals of child-bearing age. [Reserved]