---
kind: "section"
citation: "42 C.F.R. § 483.114"
title: "42"
number: "483.114"
heading: "Annual review of NF residents."
url: "https://uscodex.org/cfr/42/483.114"
---

# §483.114. Annual review of NF residents.

- (a) **Individuals with mental illness.** For each resident of a NF who has mental illness, the State mental health authority must determine in accordance with [§ 483.130](/cfr/42/483.130.md) whether, because of the resident's physical and mental condition, the resident requires—
  - (1) **The level of services provided by—**
    - (i) A NF;
    - (ii) An inpatient psychiatric hospital for individuals under age 21, as described in section 1905(h) of the Act; or
    - (iii) An institution for mental diseases providing medical assistance to individuals age 65 or older; and
  - (2) Specialized services for mental illness, as defined in [§ 483.120](/cfr/42/483.120.md).
- (b) **Individuals with intellectual disability.** For each resident of a NF who has intellectual disability, the State intellectual disability or developmental disability authority must determine in accordance with [§ 483.130](/cfr/42/483.130.md) whether, because of his or her physical or mental condition, the resident requires—
  - (1) The level of services provided by a NF or an intermediate care facility for individuals with intellectual disabilities; and
  - (2) Specialized services for intellectual disability as defined in [§ 483.120](/cfr/42/483.120.md).
- (c) **Frequency of review—**
  - (1) A review and determination must be conducted for each resident of a Medicaid NF who has mental illness or intellectual disability not less often than annually.
  - (2) “Annually” is defined as occurring within every fourth quarter after the previous preadmission screen or annual resident review.
- (d) **April 1, 1990 deadline for initial reviews.** The first set of annual reviews on residents who entered the NF prior to January 1, 1989, must be completed by April 1, 1990.

## Notes

### Source

Source: 57 FR 56506, Nov. 30, 1992, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302, 1320a-7, 1395i, 1395hh and 1396r.