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Effective January 1, 1992, CMS will deduct from a State's expenditures for medical assistance, before calculating FFP, funds from provider-related donations and revenues generated by health care-related taxes received by a State or unit of local government, in accordance with the requirements, conditions, and limitations of this subpart, if the donations and taxes are not—
(a) Permissible provider-related donations, as specified in
(a) If the agency provides for the medically needy, it may provide Medicaid to specified relatives, defined in paragraph (b) of this section, who meet the income and resource requirements of subpart I of this part.
(b) Specified relatives means individuals who:
(1) Are listed under section 406(b)(1) of the Act and in 45 CFR 233.90(c)(1)(v)(A); and
delivery option.
(c) The State's assessment of an individual's needs must form the basis of the level of services for which the individual is eligible.
(d) Nothing in this subpart will be construed as affecting an individual's Medicaid eligibility, including that of an individual whose Medicaid eligibility is attained through receipt of section 1915(c) waiver services.
§447.52(e). The previous sentence does not apply to an individual who is able to pay. An individual's inability to pay does not eliminate his or her liability for the cost sharing charge.
[78 FR 42307, July 15, 2013]
If a provider seeks to collect from an individual (or any financially responsible relative or representative of that individual) an amount that exceeds an amount specified under §447.20(a)—
(a) The Medicaid agency may provide for a reduction of any payment amount otherwise due to the provider in addition to any other sanction available
(a) The PACE organization must develop a detailed written plan for phase-down in the event of termination, which describes how the organization plans to take the following actions:
(1) Inform participants, the community, CMS and the State administering agency in writing about termination and transition procedures.
(2) Assist participants to obtain reinstatement of conventional Medicare and Medicaid
subpart G of part 424 of this chapter.
(b) Section 440.170(e) of this chapter defines emergency hospital services for purposes of Medicaid reimbursement.
[51 FR 22042, June 17, 1986, as amended at 53 FR 6648, Mar. 2, 1988]
When a provider agreement has been terminated by CMS under §489.53, or by the OIG under §489.54, a new agreement with that provider will not be accepted unless CMS or the OIG, as appropriate, finds—
(a) That the reason for termination of
(a) CMS may at any time require an HHA to make a specific showing of being in compliance with the requirements of this Subpart F and may require the HHA to submit such additional evidence as CMS considers sufficient to demonstrate the HHA's compliance.
(b) If requested by CMS to do so, the failure of an HHA to timely furnish sufficient evidence to CMS to demonstrate compliance with the requirements of this Subpart F is sufficient for
If a Surety has paid an amount to CMS on the basis of liability incurred under a bond obtained by an HHA under this subpart F, and CMS subsequently collects from the HHA, in whole or in part, on such unpaid claim, civil money penalty, or assessment that was the basis for the Surety's liability, CMS reimburses the Surety such amount as CMS collected from the HHA, up to the amount paid by the Surety to CMS, provided the Surety has no other liability to CMS under the
(a) The laboratory must establish and follow written policies and procedures for an ongoing mechanism to monitor, assess, and, when indicated, correct problems identified in the general laboratory systems requirements specified at §§493.1231 through 493.1236.
(b) The general laboratory systems quality assessment must include a review
deficiencies within 12 months after the last day of inspection, the following rules apply:
(1) CMS cancels the laboratory's approval to receive Medicare payment for its services.
(2) CMS notifies the laboratory of its intent to suspend, limit, or revoke the laboratory's CLIA certificate and of the laboratory's right to a hearing.
Each State must submit a HIT PAPD update or a HIT IAPD no later than 60 days after the occurrence of project changes including but not limited to any of the following:
(a) A projected cost increase of $100,000 or more.
(b) A schedule extension of more than 60 days for major milestones.
(c) A significant change in planning approach or implementation approach, or scope of
(a) Notice. The notice mailed to the parties states the basis or reason for the revised decision and informs them of their right to Departmental Appeals Board review of an ALJ revised decision, or to judicial review of a Board reviewed decision.
(b) Effect—(1) ALJ revised decision. An ALJ revised decision is binding
, an individual's exposure to a select agent or toxin, or the unauthorized removal of a select agent or toxin from the person's physical location as identified on the person's certificate of registration; or
(c) The person previously received an observation, finding, or other statement of deficiency from the Department or the Department of Agriculture for the same or substantially similar conduct.
To be described in section 501(c)(9) an organization must meet all of the following requirements:
(a) The organization is an employees' association,
(b) Membership in the association is voluntary,
(c) The organization provides for the payment of life, sick, accident, or other benefits to its members or their dependents or designated beneficiaries, and substantially all of
(a) Tax on reversions of qualified plan assets to employer. Every employer liable for the tax imposed under section 4980(a) with respect to an employer reversion (as defined in section 4980(c)(2)) shall file a quarterly return on Form 5330 and shall include therein the information required by such form and the instructions issued with respect thereto. The quarterly return on Form 5330 shall be filed with respect to employer
The Commissioner is authorized, within his discretion, upon written request, to admit employees and officials of any State, the Commonwealth of Puerto Rico, any possession of the United States, any political subdivision or instrumentality of any of the foregoing, the District of Columbia, or any foreign government to training courses conducted by the Internal Revenue Service, and to supply them with texts and other training aids. Requests for such training or training aids should be
(a) The instrument lights must—
(1) Provide sufficient illumination to make each instrument, switch and other device necessary for safe operation easily readable unless sufficient illumination is available from another source; and
(2) Be installed so that—
(i) Their direct rays are shielded from the pilot's eyes; and
(ii) No
(a) EWIS that are part of each fire or overheat detector system in a fire zone must be fire-resistant.
(b) No EWIS component of any fire or overheat detector system for any fire zone may pass through another fire zone, unless:
(1) It is protected against the possibility of false warnings resulting from fires in zones through which it passes; or
(2) Each zone involved
Cockpit controls must be designed so that they operate in accordance with the following movements and actuation:
(a) Flight controls, including the collective pitch control, must operate with a sense of motion which corresponds to the effect on the rotorcraft.
(b) Twist-grip engine power controls must be designed so that, for lefthand operation, the motion of the pilot's hand is clockwise to increase
harmful to the engine.
(c) For governor-controlled engines, it must be shown that there exists no hazardous torsional instability of the drive system associated with critical combinations of power, rotational speed, and control displacement.
[Amdt. 27-1, 32 FR 6914, May 5, 1967, as amended by Amdt. 27-11, 41 FR 55469, Dec. 20, 1976]
(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 §29.521(a
Cockpit controls must be designed so that they operate in accordance with the following movements and actuation:
(a) Flight controls, including the collective pitch control, must operate with a sense of motion which corresponds to the effect on the rotorcraft.
(b) Twist-grip engine power controls must be designed so that, for lefthand operation, the motion of the pilot's hand is clockwise to increase
harmful to the engine.
(c) For governor-controlled engines, it must be shown that there exists no hazardous torsional instability of the drive system associated with critical combinations of power, rotational speed, and control displacement.
[Amdt. 29-2, 32 FR 6914, May 5, 1967, as amended by Amdt. 29-12, 41 FR 55473, Dec. 20, 1976]
No certificated parachute rigger may exercise the privileges of his certificate unless he has at least the following facilities and equipment available to him:
(a) A smooth top table at least three feet wide by 40 feet long.
(b) Suitable housing that is adequately heated, lighted, and ventilated for drying and airing parachutes.
(c) Enough packing tools and other
(a) When overlapping airspace designations apply to the same airspace, the operating rules associated with the more restrictive airspace designation apply.
(b) For the purpose of this section—
(1) Class A airspace is more restrictive than Class B, Class C, Class D, Class E, or Class G airspace;
(2) Class B airspace is more restrictive than Class C, Class D, Class E
For the purposes of this part—
(a) COP means changeover point.
(b) L means compass locator;
(c) LF/MF means low frequency, medium frequency;
(d) LFR means low frequency radio range
(a) Certificate holders authorized to conduct operations under part 121 of this chapter must have a safety management system that meets the requirements of part 5 of this chapter and is acceptable to the Administrator by March 9, 2018.
(b) A person applying to the Administrator for an air carrier certificate or operating certificate to conduct operations under part 121 of this chapter after March 9, 2015, must demonstrate, as part of
(a) Each certificate holder shall, for each type and model of airplane, assigned to each category of required crewmember, as appropriate, the necessary functions to be performed in an emergency or a situation requiring emergency evacuation. The certificate holder shall show those functions are realistic, can be practically accomplished, and will meet any reasonably anticipated emergency including the possible incapacitation of individual crewmembers or their