440.150—Intermediate care facility (ICF/MR) services.
(a)
“ICF/MR services” means those items and services furnished in an intermediate care facility for the mentally retarded if the following conditions are met:
(1)
The facility fully meets the requirements for a State license to provide services that are above the level of room and board;
(2)
The primary purpose of the ICF/MR is to furnish health or rehabilitative services to persons with mental retardation or persons with related conditions;
(4)
The recipient with mental retardation for whom payment is requested is receiving active treatment, as specified in § 483.440 of this chapter.
(5)
The ICF/MR has been certified to meet the requirements of subpart C of part 442 of this chapter, as evidenced by a valid agreement between the Medicaid agency and the facility for furnishing ICF/MR services and making payments for these services under the plan.
(b)
ICF/MR services may be furnished in a distinct part of a facility other than an ICF/MR if the distinct part—
[59 FR 56234, Nov. 10, 1994]