42 CFR 483.440 - Condition of participation: Active treatment services
| Cite as | 42 CFR 483.440 |
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42 practice notes
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Messier v. Southbury Training School, No. 3:94-CV-1706 (EBB).
...as possible [as well as] [t]he prevention Page 316 or deceleration of regression or loss of current optimal functional status. 42 C.F.R. § 483.440(a) (emphasis added). Under Title XIX, unlike the Due Process Clause, the class members enjoy a right to training and other treatment designed to......
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Messier v. Southbury Training School, No. 3:94-CV-1706 (EBB).
...Facility for the Mentally Retarded ("ICF/MR"), to require STS to comply with all federal ICF/MR funding requirements, as set forth at 42 C.F.R. § 483.440. A motion to dismiss under Fed. R.Civ.P. 12(b)(6) should be granted only if "it is clear that no relief could be granted under any set of......
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Doe v. Bush, Nos. 99-14590
...section of the regulations provides that clients who are admitted into an ICF/DD "must be in need of ... active treatment services." 42 C.F.R. § 483.440(b). "Active treatment" is defined as "a continuous active treatment program, which includes aggressive, consistent implementation of a pro......
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Steward v. Abbott, Civil No. 5:10-cv-1025-OLG
...because the specialized services obligation imposed upon the states is limited 189 F.Supp.3d 640to those services outlined in 42 C.F.R. § 483.440(a)(1), and not the subsequent subsections (b) through (f) of Section 483.440. This argument fails because it is contrary to the plain language of......
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38 cases
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Messier v. Southbury Training School, No. 3:94-CV-1706 (EBB).
...as possible [as well as] [t]he prevention Page 316 or deceleration of regression or loss of current optimal functional status. 42 C.F.R. § 483.440(a) (emphasis added). Under Title XIX, unlike the Due Process Clause, the class members enjoy a right to training and other treatment designed to......
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Messier v. Southbury Training School, No. 3:94-CV-1706 (EBB).
...Facility for the Mentally Retarded ("ICF/MR"), to require STS to comply with all federal ICF/MR funding requirements, as set forth at 42 C.F.R. § 483.440. A motion to dismiss under Fed. R.Civ.P. 12(b)(6) should be granted only if "it is clear that no relief could be granted under any set of......
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Jackson v. Fort Stanton Hosp. & Training School, Civ. No. 87-839 JP.
...and independence as possible and the prevention or deceleration of regression or loss of current optimal functional status." 42 C.F.R. § 483.440(a); Pl.Exh. 15, Tag # Each resident must have an individual program plan ("IPP") developed by an interdisciplinary team ("IDT") based on an assess......
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JL ex rel. Thompson v. N.M. Dep't of Health, No. 12–CV–1145 MV/LAM
...status ...; and (ii) were provided a post-discharge plan of care to assist them to adjust to the new living environment, in violation of 42 CFR 483.440,” [Doc. 102 ¶ 430e]; (2) “[f]ailing to respect each Plaintiff's right to make choices about their lives, in violation of 42 CFR 483.15,” [D......
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2 firm's commentaries
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COVID-19 CMS Blanket Waivers
...state and local requirements for social distancing, staying at home, and traveling for essential services only. In accordance with 42 CFR §483.440(c)(1), any modification to a client’s Individual Program Plan (IPP) in response to treatment changes associated with the COVID-19 crisis require......
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CMS Issues Broad Blanket Waivers for Healthcare Services at Eldercare Facilities and Facilities for Individuals With Intellectual Disabilities
...state and local requirements for social distancing, staying at home, and traveling for essential services only. In accordance with 42 CFR §483.440(c)(1), any modification to a client’s Individual Program Plan (IPP) in response to treatment changes associated with the COVID-19 crisis require......
1 provisions
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Act 102-0538, SB 2037 – AN ACT concerning the Illinois State Police
...the Identified Offender Report and Recommendation into the identified offender's individual program plan created pursuant to 42 CFR 483.440(c).(h) If, based on the Identified Offender Report and Recommendation, a facility determines that it cannot manage the identified offender resident saf......