---
kind: "section"
citation: "42 C.F.R. § 413.170"
title: "42"
number: "413.170"
heading: "Scope."
url: "https://uscodex.org/cfr/42/413.170"
---

# §413.170. Scope.


This subpart implements sections 1881(b)(2), (b)(4), (b)(7), and (b)(12) through (b)(14) of the Act by—

- (a) Setting forth the principles and authorities under which CMS is authorized to establish a prospective payment system for outpatient maintenance dialysis services in or under the supervision of an ESRD facility that meets the conditions of coverage in [part 494](/cfr/42/part494.md) of this chapter and as defined in [§ 413.171(c)](/cfr/42/413.171.md?p=c).
- (b) Providing procedures and criteria under which a pediatric ESRD facility (an ESRD facility with at least a 50 percent pediatric patient mix as specified in [§ 413.184](/cfr/42/413.184.md) of this subpart) may receive an exception to its prospective payment rate prior to January 1, 2011; and
- (c) Establishing procedures that a facility must follow to appeal its payment amount under the prospective payment system.

## Notes

### Amendments

[62 FR 43668, Aug. 15, 1997, as amended at 70 FR 70330, Nov. 21, 2005; 73 FR 20474, Apr. 15, 2008; 75 FR 49198, Aug. 12, 2010]

### Source

Source: 62 FR 43668, Aug. 15, 1997, as amended at 86 FR 73515, Dec. 27, 2021, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302, 1395d(d), 1395f(b), 1395g, 1395l(a), (i), and (n), 1395m, 1395x(v), 1395x(kkk), 1395hh, 1395rr, 1395tt, and 1395ww.

### Source

Source: 51 FR 34793, Sept. 30, 1986, unless otherwise noted.

### Amendments

[62 FR 43668, Aug. 15, 1997, as amended at 70 FR 70330, Nov. 21, 2005; 73 FR 20474, Apr. 15, 2008; 75 FR 49198, Aug. 12, 2010]