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42 C.F.R. §§ 456.521–456.523

3 sections in range

§456.521. Conditions for granting variance requests.

42 C.F.R. § 456.521

(a)
Except as described under paragraph (b) of this section, the administrator may grant a variance for a specific remote facility if the agency submits concurrently—
(1)
A request for the variance that documents to his satisfaction that the facility is unable to meet the time requirements for which the variance is requested; and
(2)
A revised UR plan for the facility.
(b)
The Administrator will not grant a variance if the remote facility is operating under a UR plan waiver that the Secretary has granted or is considering under §§ 456.505 through 456.508.
Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 1302.

Source

Source: 43 FR 45266, Sept. 29, 1978, unless otherwise noted.

§456.522. Content of request for variance.

42 C.F.R. § 456.522

The agency's request for a variance must include—
(a)
The name, location, and type of the remote facility;
(b)
The number of total patient admissions and the average daily patient census at the facility in the 6 months preceding the request;
(c)
The number of Medicare and Medicaid patient admissions and the average daily Medicare and Medicaid patient census at the facility in the 6 months preceding the request;
(d)
The name and location of each hospital, mental hospital, and ICF located within a 50-mile radius of the facility;
(e)
The distance and average travel time between the remote facility and each facility listed in paragraph (e) of this section;
(f)
Documentation by the facility of its attempts to obtain the services of available physicians or other professional personnel, or both;
(g)
The names of all physicians on the active staff, and the names of all other professional personnel on the staff whose availability is relevant to the request;
(h)
The practice locations of available physicians and the estimated number of available professional personnel whose availability is relevant to the request;
(i)
Documentation by the facility of its inability to perform UR within the time requirements for which the variance is requested and its good faith efforts to comply with the UR plan requirements of subpart C or D of this part;
(j)
An assurance by the facility that it will continue its good faith efforts to meet the UR plan requirements of subpart C or D of this part; and
(k)
A statement of whether a planning or conditional PSRO exists in the area where the facility is located.
Notes, amendments, and revision history

Amendments

[43 FR 45266, Sept. 29, 1978, as amended at 61 FR 38399, July 24, 1996]

Authority

Authority: 42 U.S.C. 1302.

Source

Source: 43 FR 45266, Sept. 29, 1978, unless otherwise noted.

Amendments

[43 FR 45266, Sept. 29, 1978, as amended at 61 FR 38399, July 24, 1996]

§456.523. Revised UR plan.

42 C.F.R. § 456.523

(a)
The revised UR plan for the remote facility must specify the methods and procedures that the facility will use if a variance is granted to insure that it—
(1)
Maintains effective and timely control over the utilization of services; and
(2)
Conducts reviews in a way that improves the quality of care provided to patients.
(b)
The revised UR plan for the remote facility is the basis for validation of UR under sec. 1903(g)(2) of the Act for the period when a variance is in effect.
Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 1302.

Source

Source: 43 FR 45266, Sept. 29, 1978, unless otherwise noted.