Private duty nursing services means nursing services for beneficiaries who require more individual and continuous care than is available from a visiting nurse or routinely provided by the nursing staff of the hospital or skilled nursing facility. These services are provided— (a) By a registered nurse or a licensed practical nurse; (b) Under the direction of the

(a) If the plan includes services in public institutions for mental diseases, the agency must show that the State is making satisfactory progress in developing and implementing a comprehensive mental health program. (b) The program must— (1) Cover all ages; (2) Use mental health and public welfare resources; including— (i

provisions regarding State plan requirements and options for cost sharing. (b) Scope. This subpart consists of provisions relating to the imposition under a separate child health program of cost-sharing charges including enrollment fees, premiums, deductibles, coinsurance, copayments, and similar cost-sharing charges. (c) Applicability. The requirements of this

(a) Effective date. A participant's voluntary disenrollment is effective on the first day of the month following the date the PACE organization receives the participant's notice of voluntary disenrollment. (b) Reasons for voluntary disenrollment. A PACE participant may voluntarily disenroll from the program without cause at any time.

After the staff has received inservice training, if the facility has not achieved substantial compliance, CMS or the State may impose one or more other remedies specified in §488.406. (c) Payment. The facility pays for directed inservice training. [59 FR 56243, Nov. 10, 1994; 60 FR

For inpatient services, a hospital that participates in the Medicare program must participate in any health plan contracted under 10 U.S.C. 1079 or 1086 (Civilian Health and Medical Program of the Uniformed Services) and under 38 U.S.C. 613 (Civilian Health and Medical Program

The clinical consultant must be qualified to consult with and render opinions to the laboratory's clients concerning the diagnosis, treatment and management of patient care. The clinical consultant must— (a) Be qualified as a laboratory director under §493.1443(b)(1), (2), or (3)(i) or, for the subspecialty of oral pathology,

(a) Whenever a penalty, an assessment, or an exclusion becomes final, the following organizations and entities will be notified about such action and the reasons for it: The appropriate State or local medical or professional association; the appropriate quality improvement organization; as appropriate, the State agency that administers each State health care program; the appropriate Medicare carrier or intermediary; the appropriate State or local licensing agency or

makes qualified payments to a designated settlement fund under section 468B, relating to special rules for designated settlement funds. (c) Payments to other funds or persons that constitute economic performance. [Reserved] (d) Effective dates. The rules in paragraph (a) of this section apply to payments after July 18, 1984.

Prior to September 28, 1962, for purposes of sections 582 and 584, the term bank means a bank or trust company incorporated and doing business under the laws of the United States (including laws relating to the District of Columbia), of any State, or of any Territory, a substantial part of the business of which consists of receiving deposits and making loans and discounts, or of exercising fiduciary powers similar to those

Section 511 of the Act applies with respect to vessels operated in the foreign or domestic commerce of the United States or in the fisheries of the United States and vessels acquired or being constructed for the purpose of such operation. The foreign commerce of the United States includes commerce or trade between the United States (including the District of Columbia), the territories and possessions which are embraced within the coastwise laws, and a foreign country or other territories and

from the definition of “wages” pursuant to section 3306(b) (1) through (16). For example, a fringe benefit provided to or on behalf of an employee is excluded from the definition of “wages” if at the time such benefit is provided it is reasonable to believe that the employee will be able to exclude such benefit from income under section 117 or 132. [T.D. 8004, 50 FR 755, Jan. 7, 1985]

excluded from the definition of “wages” pursuant to section 3401(a) (1) through (20). For example, a fringe benefit provided to or on behalf of an employee is excluded from the definition of “wages” if at the time such benefit is provided it is reasonable to believe that the employee will be able to exclude such benefit from income under section 117 or 132. [T.D. 8004, 50 FR 756, Jan. 7, 1985]

the treaty of Geneva of August 22, 1864 (American Red Cross) for its exclusive use. Both the vendor and the vendee must be registered. [T.D. 7536, 43 FR 13522, Mar. 31, 1978, as amended by T.D. 7834, 47 FR 42347, Sept. 27, 1982; T.D. 8036, 50 FR 29963, July 23, 1985; T.D. 8659, 61 FR 10463, Mar. 14, 1996]

to sign in accordance with the regulations, forms, or instructions prescribed with respect to such statement or document. An individual's signature on a return, statement, or other document made by or for the real estate investment trust or the regulated investment company shall be prima facie evidence that the individual is authorized to sign the return, statement, or other document. [T.D. 8180, 53 FR 6148, Mar. 1, 1988]

(a) The employee satisfaction numerical ratings to be given to a Business Operating Division (BOD) or equivalent office within the IRS will be determined on the basis of information gathered through various methods. For example, questionnaires, surveys, and other information gathering mechanisms may be employed to gather data regarding satisfaction. The information gathered will be used to measure, among other factors bearing upon employee satisfaction, the quality

(a) A certificate holder under part 119 of this chapter authorized to conduct operations in accordance with the requirements of part 121 of this chapter must have a Safety Management System that meets the requirements of this part and is acceptable to the Administrator by March 9, 2018. (b) A certificate holder must submit an implementation plan to the FAA Administrator for review no later than September 9, 2015. The implementation

(a) Copies of all pleadings, motions, and documents filed with the Hearing Docket must be served upon all parties to the proceedings by the person filing them. (b) Service may be made by personal delivery or by mail. (c) A certificate of service shall accompany all documents when they are tendered for filing and shall consist of a certificate of personal delivery or a certificate of mailing, executed

, administer oaths, examine witnesses and receive evidence in any informal investigation as provided for in sections 313 and 1004(a) of the Federal Aviation Act (49 U.S.C. 1354 and 1484(a)) and section 109(a) of the Hazardous Materials Transportation Act (49 U.S.C. 1808(a)).

(a) General. A party is entitled to present the party's case or defense by oral, documentary, or demonstrative evidence, to submit rebuttal evidence, and to conduct any cross-examination that may be required for a full and true disclosure of the facts. (b) Admissibility. A party may introduce any oral, documentary, or demonstrative evidence in support of the

(a) Ordinarily the determination of an award will be made on the basis of the written record; however, on request of either the applicant or agency counsel, or on his or her own initiative, the ALJ or adjudicative officer assigned to the matter may order further proceedings, such as an informal conference, oral argument, additional written submissions, or an evidentiary hearing. Such further proceedings shall be held only when necessary for full and fair resolution

complaint within 20 days after receiving it. Dismissal will be without prejudice to the refiling of the complaint after amendment to correct the deficiencies. The Director's dismissal will include the reasons for the dismissal. (b) Dismissals under this section are not initial determinations, and appeals from decisions under this section will not be permitted. [Amdt. 16-1, 78 FR 56144, Sept. 12, 2013]

(a) For engine mounts, pylons, and adjacent supporting airframe structure, an ultimate loading condition must be considered that combines 1g flight loads with the most critical transient dynamic loads and vibrations, as determined by dynamic analysis, resulting from failure of a blade, shaft, bearing or bearing support, or bird strike event. Any permanent deformation from these ultimate load conditions must not prevent continued safe flight and landing.

(a) Thermal/acoustic insulation material installed in the fuselage must meet the flame propagation test requirements of part VI of Appendix F to this part, or other approved equivalent test requirements. This requirement does not apply to “small parts,” as defined in part I of Appendix F of this part. (b) For airplanes with a passenger capacity of 20 or greater, thermal/acoustic insulation materials (including the means of fastening

the airplane in the ground attitude. (c) Each fuel tank sump must have an accessible drain that— (1) Allows complete drainage of the sump on the ground; (2) Discharges clear of each part of the airplane; and (3) Has manual or automatic means for positive locking in the closed position.

(d) Each fuel filling point must have a provision for electrically bonding the airplane to ground fueling equipment. [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as amended by Amdt. 25-40, 42 FR 15043, Mar. 17, 1977; Amdt. 25-72, 55 FR 29785, July 20, 1990; Amdt. 25-115, 69 FR 40527, July 2, 2004]

(a) Drainage of the fuel system must be accomplished by the use of fuel strainer and fuel tank sump drains. (b) Each drain required by paragraph (a) of this section must— (1) Discharge clear of all parts of the airplane; (2) Have manual or automatic means for positive locking in the closed position; and (3) Have a drain valve—

For each required powerplant and auxiliary power unit instrument, as appropriate to the type of instrument— (a) Each maximum and, if applicable, minimum safe operating limit must be marked with a red radial or a red line; (b) Each normal operating range must be marked with a green arc or green line, not extending beyond the maximum and minimum safe limits; (c) Each

The following values and limitations must be established to show compliance with the structural requirements of this subpart: (a) The design maximum weight. (b) The main rotor r.p.m. ranges power on and power off. (c) The maximum forward speeds for each main rotor r.p.m. within the ranges determined under paragraph (b) of this section.

(a) Bag floats. Each bag float must be designed to withstand— (1) The maximum pressure differential that might be developed at the maximum altitude for which certification with that float is requested; and (2) The vertical loads prescribed in §27.521(a