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42 CFR 483.108

§ 483.108 Relationship of PASARR to other Medicaid processes.

United States · 42 CFR — Public Health · Status: effective

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42 CFR 483.108, § 483.108 Relationship of PASARR to other Medicaid processes, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/207221
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(a) PASARR determinations made by the State mental health or intellectual disability authorities cannot be countermanded by the State Medicaid agency, either in the claims process or through other utilization control/review processes or by the State survey and certification agency. Only appeals determinations made through the system specified in subpart E of this part may overturn a PASARR determination made by the State mental health or intellectual disability authorities. (b) In making their determinations, however, the State mental health and intellectual disability authorities must not use criteria relating to the need for NF care or specialized services that are inconsistent with this regulation and any supplementary criteria adopted by the State Medicaid agency under its approved State plan. (c) To the maximum extent practicable, in order to avoid duplicative testing and effort, the PASARR must be coordinated with the routine resident assessments required by § 483.20(b).

Legislative history

This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.