---
kind: "section"
citation: "42 C.F.R. § 403.756"
title: "42"
number: "403.756"
heading: "Sunset provision."
url: "https://uscodex.org/cfr/42/403.756"
---

# §403.756. Sunset provision.

- (a) **Effective date.** Beginning with FFY 2002, if the level of estimated expenditures for all RNHCIs exceeds the trigger level for 3 consecutive FFYs, CMS will not accept as the basis for payment of any claim any election executed on or after January 1 of the following calendar year.
- (b) **Notice of activation.** A notice in the Federal Register will be published at least 60 days before January 1 of the calendar year that the sunset provision becomes effective.
- (c) **Effects of sunset provision.** Only those beneficiaries who have a valid election in effect before January 1 of the year in which the sunset provision becomes effective will be able to claim Medicare payment for care in an RNHCI, and only for RNCHI services furnished during that election.

## Notes

### Source

Source: 64 FR 67047, Nov. 30, 1999, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302 and 1395hh.