---
kind: "section"
citation: "42 C.F.R. § 440.140"
title: "42"
number: "440.140"
heading: "Inpatient hospital services, nursing facility services, and intermediate care facility services for individuals age 65 or older in institutions for mental diseases."
url: "https://uscodex.org/cfr/42/440.140"
---

# §440.140. Inpatient hospital services, nursing facility services, and intermediate care facility services for individuals age 65 or older in institutions for mental diseases.

- (a) **Inpatient hospital services.** “Inpatient hospital services for individuals age 65 or older in institutions for mental diseases” means services provided under the direction of a physician for the care and treatment of beneficiaries in an institution for mental diseases that meets the requirements specified in § [482.60(b)](/cfr/42/482.60.md?p=b), [(c)](/cfr/42/482.60.md?p=c), and [(e)](/cfr/42/482.60.md?p=e) of this chapter and—
  - (1) Meets the requirements for utilization review in § [482.30(a)](/cfr/42/482.30.md?p=a), [(b)](/cfr/42/482.30.md?p=b), [(d)](/cfr/42/482.30.md?p=d), and [(e)](/cfr/42/482.30.md?p=e) of this chapter; or
  - (2) Has been granted a waiver of those utilization review requirements under section 1903(i)(4) of the Act and [subpart H of part 456](/cfr/42/part456-subpartH.md) of this chapter.
- (b) **Nursing facility services.** “Nursing facility services for individuals age 65 or older in institutions for mental diseases” means nursing facility services as defined in [§ 440.40](/cfr/42/440.40.md) and in [subpart B of part 483](/cfr/42/part483-subpartB.md) of this chapter that are provided in institutions for mental diseases, as defined in [§ 435.1010](/cfr/42/435.1010.md) of this chapter.

## Notes

### Amendments

[59 FR 56234, Nov. 10, 1994, as amended at 71 FR 39229, July 12, 2006]

### Authority

Authority: 42 U.S.C. 1302.

### Source

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

### Amendments

[59 FR 56234, Nov. 10, 1994, as amended at 71 FR 39229, July 12, 2006]