---
kind: "section"
citation: "42 C.F.R. § 447.362"
title: "42"
number: "447.362"
heading: "Upper limits of payment: Nonrisk contract."
url: "https://uscodex.org/cfr/42/447.362"
---

# §447.362. Upper limits of payment: Nonrisk contract.


Under a nonrisk contract, Medicaid payments to the contractor may not exceed—

- (a) What Medicaid would have paid, on a fee-for-service basis, for the services actually furnished to beneficiaries: plus
- (b) The net savings of administrative costs the Medicaid agency achieves by contracting with the plan instead of purchasing the services on a fee-for-service basis.

## Notes

### Amendments

[48 FR 54025, Nov. 30, 1983]

### Source

Source: 43 FR 45253, Sept. 29, 1978, unless otherwise noted. Redesignated at 46 FR 47973, Sept. 30, 1981, and further redesignated at 58 FR 6095, Jan. 26, 1993.

### Authority

Authority: 42 U.S.C. 1302, and 1396r-8, and Pub. L. 111-148.

### Source

Source: 43 FR 45253, Sept. 29, 1978, unless otherwise noted.

### Amendments

[48 FR 54025, Nov. 30, 1983]