42 CFR 441.305
§ 441.305 Replacement of beneficiaries in approved waiver programs.
United States · 42 CFR — Public Health · Status: effective
Cite this
- Citation
- 42 CFR 441.305, § 441.305 Replacement of beneficiaries in approved waiver programs, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/206337
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Full text
(a) Regular waivers. A State's estimate of the number of individuals who may receive home and community-based services must include those who will replace beneficiaries who leave the program for any reason. A State may replace beneficiaries who leave the program due to death or loss of eligibility under the State plan without regard to any federally-imposed limit on utilization, but must maintain a record of beneficiaries replaced on this basis.
(b) Model waivers.
(1) The number of individuals who may receive home and community-based services under a model waiver may not exceed 200 beneficiaries at any one time.
(2) The agency may replace any individuals who die or become ineligible for State plan services to maintain a count up to the number specified by the State and approved by CMS within the 200-maximum limit.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.