---
kind: "section"
citation: "42 C.F.R. § 441.360"
title: "42"
number: "441.360"
heading: "Limits on Federal financial participation (FFP)."
url: "https://uscodex.org/cfr/42/441.360"
---

# §441.360. Limits on Federal financial participation (FFP).


FFP for home and community-based services listed in [§ 440.181](/cfr/42/440.181.md) of this subchapter is not available in expenditures for the following:

- (a) Services furnished in a facility subject to the health and welfare requirements described in [§ 441.352(a)](/cfr/42/441.352.md?p=a) during any period in which the facility is found not to be in compliance with the applicable State requirements described in that section.
- (b) The cost of room and board except when furnished as part of respite care services in a facility, approved by the State, that is not a private residence. For purposes of this subpart, “board” means three meals a day or any other full nutritional regimen. “Board” does not include meals, which do not comprise a full nutritional regimen, furnished as part of adult day health services.
- (c) The portion of the cost of room and board attributed to unrelated, live-in personal caregivers when the waiver beneficiary lives in the caregiver's home or a residence owned or leased by the provider of the Medicaid services (the caregiver).
- (d) **Services that are not included in the approved State plan and not approved as waiver services by CMS.**
- (e) **Services furnished to beneficiaries who are ineligible under the terms of the approved waiver.**
- (f) Services furnished by a provider when either the services or the provider do not meet the standards that are set by the State and included in the approved waiver.
- (g) **Services furnished to a beneficiary by his or her spouse.**

## Notes

### Source

Source: 57 FR 29156, June 30, 1992, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302.

### Source

Source: 43 FR 45229, Sept. 29, 1978, unless otherwise noted.