---
kind: "section"
citation: "42 C.F.R. § 405.2417"
title: "42"
number: "405.2417"
heading: "Visiting nurse services: Determination of shortage of agencies."
url: "https://uscodex.org/cfr/42/405.2417"
---

# §405.2417. Visiting nurse services: Determination of shortage of agencies.


A shortage of home health agencies exists if the Secretary determines that the RHC or FQHC:

- (a) Is located in a county, parish, or similar geographic area in which there is no participating home health agency or adequate home health services are not available to patients of the RHC or FQHC.
- (b) Has (or expects to have) patients whose permanent residences are not within the area serviced by a participating home health agency.
- (c) Has (or expects to have) patients whose permanent residences are not within a reasonable traveling distance, based on climate and terrain, of a participating home health agency.

## Notes

### Amendments

[43 FR 8261, Mar. 1, 1978, as amended at 79 FR 25476, May 2, 2014]

### Authority

Authority: Secs. 1102 and 1871 of the Social Security Act (42 U.S.C. 1302 and 1395hh).

### Source

Source: 43 FR 8261, Mar. 1, 1978, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 263a, 405(a), 1302, 1320b-12, 1395x, 1395y(a), 1395ff, 1395hh, 1395kk, 1395rr, and 1395ww(k).

### Amendments

[43 FR 8261, Mar. 1, 1978, as amended at 79 FR 25476, May 2, 2014]