---
kind: "section"
citation: "42 C.F.R. § 495.362"
title: "42"
number: "495.362"
heading: "Retroactive approval of FFP with an effective date of February 18, 2009."
url: "https://uscodex.org/cfr/42/495.362"
---

# §495.362. Retroactive approval of FFP with an effective date of February 18, 2009.


For administrative activities performed by a State, without obtaining prior approval, which are in support of planning for incentive payments to providers, a State may request consideration of FFP by recorded request in a HIT advance planning document or implementation advance planning document update. In such a consideration, the agency takes into consideration overall Federal interests which may include any of the following:

- (a) The acquisition must not be before February 18, 2009.
- (b) The acquisition must be reasonable, useful, and necessary.
- (c) The acquisition must be attributable to payments for reasonable administrative expenses under [section 1903(a)(3)(F)(ii)](/cfr/42/1903.md?p=a-3-F-ii) of the Act.

## Notes

### Authority

Authority: 42 U.S.C. 1302 and 1395hh.

### Source

Source: 75 FR 44565, July 28, 2010, unless otherwise noted.