---
kind: "section"
citation: "42 C.F.R. § 442.101"
title: "42"
number: "442.101"
heading: "Obtaining certification."
url: "https://uscodex.org/cfr/42/442.101"
---

# §442.101. Obtaining certification.

- (a) This section states the requirements for obtaining notice of an ICF/IID's certification before a Medicaid agency executes a provider agreement under [§ 442.12](/cfr/42/442.12.md).
- (b) The agency must obtain notice of certification from the Secretary for an ICF/IID located on an Indian reservation.
- (c) The agency must obtain notice of certification from the survey agency for all other ICFs/IID.
- (d) The notice must indicate that one of the following provisions pertains to the ICF/IID:
  - (1) **An ICF/IID meets the conditions of participation set forth in subpart I of part 483 of this chapter.**
  - (2) The ICF/IID has been granted a waiver or variance by CMS or the survey agency under [subpart I of part 483](/cfr/42/part483-subpartI.md) of this chapter.
  - (3) An ICF/IID has been certified with standard-level deficiencies and
    - (i) All conditions of participation are found met; and
    - (ii) **The facility submits an acceptable plan of correction covering the remaining deficiencies.**
- (e) The failure to meet one or more of the applicable conditions of participation is cause for termination or non-renewal of the ICF/IID provider agreement.

## Notes

### Amendments

[56 FR 48866, Sept. 26, 1991, as amended at 57 FR 43924, Sept. 23, 1992; 59 FR 56236, Nov. 10, 1994; 79 FR 27153, May 12, 2014]

### Authority

Authority: 42 U.S.C. 1302.

### Source

Source: 43 FR 45233, Sept. 29, 1978, unless otherwise noted.

### Amendments

[56 FR 48866, Sept. 26, 1991, as amended at 57 FR 43924, Sept. 23, 1992; 59 FR 56236, Nov. 10, 1994; 79 FR 27153, May 12, 2014]