---
kind: "section"
citation: "42 C.F.R. § 456.609"
title: "42"
number: "456.609"
heading: "Determinations by team."
url: "https://uscodex.org/cfr/42/456.609"
---

# §456.609. Determinations by team.


The team must determine in its inspection whether—

- (a) **The services available in the facility are adequate to—**
  - (1) Meet the health needs of each beneficiary, and the rehabilitative and social needs of each beneficiary in an ICF; and
  - (2) **Promote his maximum physical, mental, and psychosocial functioning.**
- (b) It is necessary and desirable for the beneficiary to remain in the facility;
- (c) It is feasible to meet the beneficiary's health needs and, in an ICF, the beneficiary's rehabilitative needs, through alternative institutional or noninstitutional services; and
- (d) Each beneficiary under age 21 in a psychiatric facility and each beneficiary in an institution for Individuals with Intellectual Disabilities or persons with related conditions is receiving active treatment as defined in [§ 441.154](/cfr/42/441.154.md) of this subchapter.

## Notes

### Authority

Authority: 42 U.S.C. 1302.

### Source

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