441.10—Basis.

This subpart is based on the following sections of the Act which state requirements and limits on the services specified or provide Secretarial authority to prescribe regulations relating to services:
(a) Section 1102 for end-stage renal disease ( § 441.40 ).
(b) Section 1138(b) for organ procurement organization services ( § 441.13(c) ).
(c) Sections 1902(a)(10)(A) and 1905(a)(21) for nurse practitioner services ( § 441.22 ).
(d) Sections 1902(a)(10)(D) and 1905(a)(7) for home health services ( § 441.15 ).
(e) Section 1903(i)(1) for organ transplant procedures ( § 441.35 ).
(f) Section 1903(i)(5) for certain prescribed drugs ( § 441.25 ).
(g) Section 1903(i)(6) for prohibition (except in emergency situations) of FFP in expenditures for inpatient hospital tests that are not ordered by the attending physician or other licensed practitioner ( § 441.12 ).
(h) Section 1903(i)(18) for the requirement that each home health agency provide the Medicaid agency with a surety bond ( § 441.16 ).
(i) Section 1905(a)(4)(C) for family planning ( § 441.20 ).
(j) Sections 1905 (a)(12) and (e) for optometric services ( § 441.30 ).
(k) Section 1905(a)(17) for nurse-midwife services ( § 441.21 ).
(l) Section 1905(a) (following (a)(24)) for prohibition of FFP in expenditures for certain services ( § 441.13 ).
(m) Section 1905(a)(19) and 1915(g) of the Act for case management services as set forth in § 441.18 and section 8435 of the Technical and Miscellaneous Revenue Act of 1988.
[60 FR 19862, Apr. 21, 1995, as amended at 63 FR 310, Jan. 5, 1998; 72 FR 68092, Dec. 4, 2007]