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Code of Federal Regulations Title 42. Public Health § 42.441.305 Replacement of beneficiaries in approved waiver programs

Current as of January 02, 2025 | Updated by Findlaw Staff

(a) Regular waivers. A State's estimate of the number of individuals who may receive home and community-based services must include those who will replace beneficiaries who leave the program for any reason. A State may replace beneficiaries who leave the program due to death or loss of eligibility under the State plan without regard to any federally-imposed limit on utilization, but must maintain a record of beneficiaries replaced on this basis.

(b) Model waivers.

(1) The number of individuals who may receive home and community-based services under a model waiver may not exceed 200 beneficiaries at any one time.

(2) The agency may replace any individuals who die or become ineligible for State plan services to maintain a count up to the number specified by the State and approved by CMS within the 200–maximum limit.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 42. Public Health § 42.441.305 Replacement of beneficiaries in approved waiver programs - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-42-public-health/cfr-sect-42-441-305/

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