---
kind: "section"
citation: "42 C.F.R. § 438.816"
title: "42"
number: "438.816"
heading: "Expenditures for the beneficiary support system for enrollees using LTSS."
url: "https://uscodex.org/cfr/42/438.816"
---

# §438.816. Expenditures for the beneficiary support system for enrollees using LTSS.


State expenditures for the person or entity providing the services outlined in [§ 438.71(d)](/cfr/42/438.71.md?p=d) are considered necessary for the proper and efficient operation of the State plan and thus eligible for FFP only if all of the following conditions are met:

- (a) Costs must be supported by an allocation methodology that appears in the State's approved Public Assistance Cost Allocation Plan in [§ 433.34](/cfr/42/433.34.md) of this chapter.
- (b) The costs do not duplicate payment for activities that are already being offered or should be provided by other entities or paid by other programs.
- (c) The person or entity providing the services must meet the requirements in § [438.810(b)(1)](/cfr/42/438.810.md?p=b-1) and [(2)](/cfr/42/438.810.md?p=b-2).
- (d) **The initial contract or MOA for services performed has been reviewed and approved by CMS.**

## 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.