---
kind: "section"
citation: "42 C.F.R. § 441.305"
title: "42"
number: "441.305"
heading: "Replacement of beneficiaries in approved waiver programs."
url: "https://uscodex.org/cfr/42/441.305"
---

# §441.305. Replacement of beneficiaries in approved waiver programs.

- (a) **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.
- (b) **Model waivers.**
  - (1) 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.
  - (2) 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

[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]