---
kind: "section"
citation: "42 C.F.R. § 442.119"
title: "42"
number: "442.119"
heading: "Duration of denial of payments and subsequent termination of an ICF/IID."
url: "https://uscodex.org/cfr/42/442.119"
---

# §442.119. Duration of denial of payments and subsequent termination of an ICF/IID.

- (a) **Period of denial.** The denial of payments for new admissions will continue for 11 months after the month it was imposed unless, before the end of that period, the Medicaid agency finds that—
  - (1) The facility has corrected the deficiencies or is making a good faith effort to achieve compliance with the conditions of participation for ICFs/IID; or
  - (2) **The deficiencies are such that it is necessary to terminate the facility's provider agreement.**
- (b) **Subsequent termination.** The Medicaid agency must terminate a facility's provider agreement—
  - (1) Upon the agency's finding that the facility has been unable to achieve compliance with the conditions of participation for ICFs/IID during the period that payments for new admissions have been denied;
  - (2) Effective the day following the last day of the denial of payments period; and
  - (3) In accordance with the procedures for appeal of terminations set forth in [subpart D of part 431](/cfr/42/part431-subpartD.md) of this chapter.

## Notes

### Amendments

[51 FR 24491, July 3, 1986, as amended at 59 FR 56236, Nov. 10, 1994]

### Authority

Authority: 42 U.S.C. 1302.

### Source

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

### Amendments

[51 FR 24491, July 3, 1986, as amended at 59 FR 56236, Nov. 10, 1994]