---
kind: "section"
citation: "42 C.F.R. § 438.370"
title: "42"
number: "438.370"
heading: "Federal financial participation (FFP)."
url: "https://uscodex.org/cfr/42/438.370"
---

# §438.370. Federal financial participation (FFP).

- (a) FFP at the 75 percent rate is available in expenditures for EQR (including the production of EQR results) and the EQR-related activities set forth in [§ 438.358](/cfr/42/438.358.md) performed on MCOs and conducted by EQROs and their subcontractors.
- (b) FFP at the 50 percent rate is available in expenditures for EQR-related activities conducted by any entity that does not qualify as an EQRO, and for EQR (including the production of EQR results) and EQR-related activities performed by an EQRO on entities other than MCOs.
- (c) Prior to claiming FFP at the 75 percent rate in accordance with [paragraph (a)](#a) of this section, the State must submit each EQRO contract to CMS for review and approval.

## Notes

### Source

Source: 81 FR 27853, May 6, 2016, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302.

### Source

Source: 67 FR 41095, June 14, 2002, unless otherwise noted.