---
kind: "section"
citation: "42 C.F.R. § 440.10"
title: "42"
number: "440.10"
heading: "Inpatient hospital services, other than services in an institution for mental diseases."
url: "https://uscodex.org/cfr/42/440.10"
---

# §440.10. Inpatient hospital services, other than services in an institution for mental diseases.

- (a) Inpatient hospital services means services that—
  - (1) Are ordinarily furnished in a hospital for the care and treatment of inpatients;
  - (2) Are furnished under the direction of a physician or dentist; and
  - (3) **Are furnished in an institution that—**
    - (i) Is maintained primarily for the care and treatment of patients with disorders other than mental diseases;
    - (ii) Is licensed or formally approved as a hospital by an officially designated authority for State standard-setting;
    - (iii) Meets the requirements for participation in Medicare as a hospital; and
    - (iv) Has in effect a utilization review plan, applicable to all Medicaid patients, that meets the requirements of [§ 482.30](/cfr/42/482.30.md) of this chapter, unless a waiver has been granted by the Secretary.
- (b) Inpatient hospital services do not include SNF and ICF services furnished by a hospital with a swing-bed approval.

## Notes

### Amendments

[47 FR 21050, May 17, 1982, as amended at 47 FR 31532, July 20, 1982; 51 FR 22041, June 17, 1986, 52 FR 47934, Dec. 17, 1987; 60 FR 61486, Nov. 30, 1995]

### Authority

Authority: 42 U.S.C. 1302.

### Source

Source: 43 FR 45224, Sept. 29, 1978, unless otherwise noted.

### Amendments

[47 FR 21050, May 17, 1982, as amended at 47 FR 31532, July 20, 1982; 51 FR 22041, June 17, 1986, 52 FR 47934, Dec. 17, 1987; 60 FR 61486, Nov. 30, 1995]