---
kind: "section"
citation: "42 C.F.R. § 433.140"
title: "42"
number: "433.140"
heading: "FFP and repayment of Federal share."
url: "https://uscodex.org/cfr/42/433.140"
---

# §433.140. FFP and repayment of Federal share.

- (a) **FFP is not available in Medicaid payments if—**
  - (1) The agency failed to fulfill the requirements of §§ [433.138](/cfr/42/433.138.md) and [433.139](/cfr/42/433.139.md) with regard to establishing liability and seeking reimbursement from a third party;
  - (2) The agency received reimbursement from a liable third party; or
  - (3) A private insurer would have been obligated to pay for the service except that its insurance contract limits or excludes payments if the individual is eligible for Medicaid.
- (b) FFP is available at the 50 percent rate for the agency's expenditures in carrying out the requirements of this subpart.
- (c) If the State receives FFP in Medicaid payments for which it receives third party reimbursement, the State must pay the Federal government a portion of the reimbursement determined in accordance with the FMAP for the State. This payment may be reduced by the total amount needed to meet the incentive payment in [§ 433.153](/cfr/42/433.153.md).

## Notes

### Source

Source: 45 FR 8984, Feb. 11, 1980, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302.

### Source

Source: 43 FR 45201, Sept. 29, 1978, unless otherwise noted.