---
kind: "section"
citation: "42 C.F.R. § 483.410"
title: "42"
number: "483.410"
heading: "Condition of participation: Governing body and management."
url: "https://uscodex.org/cfr/42/483.410"
---

# §483.410. Condition of participation: Governing body and management.

- (a) **Standard: Governing body.** The facility must identify an individual or individuals to constitute the governing body of the facility. The governing body must—
  - (1) Exercise general policy, budget, and operating direction over the facility;
  - (2) Set the qualifications (in addition to those already set by State law, if any) for the administrator of the facility; and
  - (3) **Appoint the administrator of the facility.**
- (b) **Standard: Compliance with Federal, State, and local laws.** The facility must be in compliance with all applicable provisions of Federal, State and local laws, regulations and codes pertaining to health, safety, and sanitation.
- (c) **Standard: Client records.**
  - (1) The facility must develop and maintain a recordkeeping system that includes a separate record for each client and that documents the client's health care, active treatment, social information, and protection of the client's rights.
  - (2) The facility must keep confidential all information contained in the clients' records, regardless of the form or storage method of the records.
  - (3) The facility must develop and implement policies and procedures governing the release of any client information, including consents necessary from the client, or parents (if the client is a minor) or legal guardian.
  - (4) Any individual who makes an entry in a client's record must make it legibly, date it, and sign it.
  - (5) The facility must provide a legend to explain any symbol or abbreviation used in a client's record.
  - (6) The facility must provide each identified residential living unit with appropriate aspects of each client's record.
- (d) **Standard: Services provided under agreements with outside sources.**
  - (1) If a service required under this subpart is not provided directly, the facility must have a written agreement with an outside program, resource, or service to furnish the necessary service, including emergency and other health care.
  - (2) **The agreement must—**
    - (i) Contain the responsibilities, functions, objectives, and other terms agreed to by both parties; and
    - (ii) Provide that the facility is responsible for assuring that the outside services meet the standards for quality of services contained in this subpart.
  - (3) The facility must assure that outside services meet the needs of each client.
  - (4) If living quarters are not provided in a facility owned by the ICF/IID, the ICF/IID remains directly responsible for the standards relating to physical environment that are specified in § [483.470 (a) through (g)](/cfr/42/483.470.md?p=a..g), [(j)](/cfr/42/483.470.md?p=j) and [(k)](/cfr/42/483.470.md?p=k).
- (e) **Standard: Licensure.** The facility must be licensed under applicable State and local law.

## Notes

### Amendments

[53 FR 20496, June 3, 1988. Redesignated at 56 FR 48918, Sept. 26, 1991, and amended at 57 FR 43925, Sept. 23, 1992]

### Source

Source: 53 FR 20496, June 3, 1988, unless otherwise noted. Redesignated at 56 FR 48918, Sept. 26, 1991.

### Authority

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

### Amendments

[53 FR 20496, June 3, 1988. Redesignated at 56 FR 48918, Sept. 26, 1991, and amended at 57 FR 43925, Sept. 23, 1992]