§441.305. Replacement of beneficiaries in approved waiver programs.
42 C.F.R. § 441.305
Regular waivers. A State's estimate of the number of individuals who may receive home and community-based services must include those who will replace beneficiaries who leave the program for any reason. A State may replace beneficiaries who leave the program due to death or loss of eligibility under the State plan without regard to any federally-imposed limit on utilization, but must maintain a record of beneficiaries replaced on this basis.
Model waivers.
The number of individuals who may receive home and community-based services under a model waiver may not exceed 200 beneficiaries at any one time.
The agency may replace any individuals who die or become ineligible for State plan services to maintain a count up to the number specified by the State and approved by CMS within the 200-maximum limit.
Notes, amendments, and revision history
Amendments
[59 FR 37719, July 25, 1994]
Source
Source: 46 FR 48541, Oct. 1, 1981, unless otherwise noted.
Authority
Authority: 42 U.S.C. 1302.
Source
Source: 43 FR 45229, Sept. 29, 1978, unless otherwise noted.
Amendments
[59 FR 37719, July 25, 1994]