---
kind: "range"
citation: "42 C.F.R. §§ 456.505–456.508"
title: "42"
from: "456.505"
to: "456.508"
count: 4
url: "https://uscodex.org/cfr/42/456.505..456.508"
---

# §456.505. Applicability of waiver.


The Administrator may waive the UR plan requirements of subparts [C](/cfr/42/subpartC.md) or [D](/cfr/42/subpartD.md) of this part, except for provisions relating to disqualification of UR committee members under [§ 456.106](/cfr/42/456.106.md) of [subpart C](/cfr/42/subpartC.md), and [§ 456.206](/cfr/42/456.206.md) of [subpart D](/cfr/42/subpartD.md), if the Medicaid agency—

- (a) Applies for a waiver; and
- (b) Demonstrates to the Administrator's satisfaction that it has in operation specific UR procedures that are superior in their effectiveness to the UR plan requirements under subpart C or D of this part.

# §456.506. Waiver options for Medicaid agency.

- (a) The agency may apply for a waiver at any time it has the procedures referred to under [§ 456.505(b)](/cfr/42/456.505.md?p=b) in operation at least—
  - (1) On a demonstration basis; or
  - (2) **In any part of the State.**
- (b) Any hospital or mental hospital participating under the plan that is not covered by a waiver must continue to meet all the UR plan requirements under subpart C or D of this part.

# §456.507. Review and granting of waiver requests.

- (a) When the agency applies for a waiver, the Administrator will assess the agency's UR procedures and grant the waiver if he determines that the procedures meet criteria he establishes.
- (b) The Administrator will review and evaluate each waiver between 1 and 2 years after he has granted it and between 1 and 2 years periodically thereafter.

# §456.508. Withdrawal of waiver.

- (a) The Administrator will withdraw a waiver if he determines that State procedures are no longer superior in their effectiveness to the procedures required for UR plans under subpart C or D of this part.
- (b) If a waiver is withdrawn by the Administrator, each hospital or mental hospital covered by the waiver must meet all the UR plan requirements under subpart C or D of this part.