42 C.F.R. § 440.70 - Home health services

Cite as42 C.F.R. § 440.70
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61 practice notes
  • Townsend v. Quasim, No. 01-35689.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • May 1, 2003
    ...11. See 42 U.S.C. § 1396n(c); 42 C.F.R. § 441.300; Skandalis, 14 F.3d at 176. 12. See 42 U.S.C. § 1396a(a)(10)(D), 1396d(a)(7); 42 C.F.R. § 440.70. 13. See 42 C.F.R. § 440.70; see also Skubel v. Fuoroli, 113 F.3d 330, 337 (2d Cir.1997) (holding that § 440.70's in-home limitation is unreason......
  • Lankford v. Sherman, No. 05-3587.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • June 22, 2006
    ..."home health services" are medically-prescribed services provided to a Medicaid recipient at his or her place of residence. 42 C.F.R. § 440.70(a). If a recipient receives home health Page 505 the state also must provide "medical supplies, equipment, and appliances suitable for use in the ho......
  • S.D. ex rel. Dickson v. Hood, No. 03-30007.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • November 15, 2004
    ...(5th Cir.1998); Sykes v. Columbus & Greenville Railway, 117 F.3d 287, 295 (5th Cir.1997). CMS has promulgated a regulation, codified as 42 CFR § 440.70, which provides, in pertinent parts, that "[h]ome health services include ... [m]edical supplies, equipment, and appliances suitable for us......
  • Harris v. Olszewski, No. 04-2479.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • March 21, 2006
    ...the regulations define as including "medical supplies, equipment and appliances" that are required for use in the recipient's home, 42 C.F.R. § 440.70(b)(3). Incontinence products that patients use in their homes under their physicians' orders thus are fairly covered by § 1396a(a)(23)'s gra......
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45 cases
  • Townsend v. Quasim, No. 01-35689.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • May 1, 2003
    ...11. See 42 U.S.C. § 1396n(c); 42 C.F.R. § 441.300; Skandalis, 14 F.3d at 176. 12. See 42 U.S.C. § 1396a(a)(10)(D), 1396d(a)(7); 42 C.F.R. § 440.70. 13. See 42 C.F.R. § 440.70; see also Skubel v. Fuoroli, 113 F.3d 330, 337 (2d Cir.1997) (holding that § 440.70's in-home limitation is unreason......
  • Lankford v. Sherman, No. 05-3587.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • June 22, 2006
    ..."home health services" are medically-prescribed services provided to a Medicaid recipient at his or her place of residence. 42 C.F.R. § 440.70(a). If a recipient receives home health Page 505 the state also must provide "medical supplies, equipment, and appliances suitable for use in the ho......
  • S.D. ex rel. Dickson v. Hood, No. 03-30007.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • November 15, 2004
    ...(5th Cir.1998); Sykes v. Columbus & Greenville Railway, 117 F.3d 287, 295 (5th Cir.1997). CMS has promulgated a regulation, codified as 42 CFR § 440.70, which provides, in pertinent parts, that "[h]ome health services include ... [m]edical supplies, equipment, and appliances suitable for us......
  • Harris v. Olszewski, No. 04-2479.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • March 21, 2006
    ...the regulations define as including "medical supplies, equipment and appliances" that are required for use in the recipient's home, 42 C.F.R. § 440.70(b)(3). Incontinence products that patients use in their homes under their physicians' orders thus are fairly covered by § 1396a(a)(23)'s gra......
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5 firm's commentaries
  • CMS Interim Rule Makes Sweeping Changes in Response to COVID-19 Public Health Emergency
    • United States
    • LexBlog United States
    • May 8, 2020
    ...revisions to the Medicaid home health program will be permanently in effect.” The Interim Rule amends the home health regulations at 42 CFR § 440.70(a)(3) to allow other licensed practitioners besides physicians to order medical equipment, supplies, and appliances when they are allowed to d......
  • CMS Interim Rule Makes Sweeping Changes in Response to COVID-19 Public Health Emergency
    • United States
    • JD Supra United States
    • May 11, 2020
    ...revisions to the Medicaid home health program will be permanently in effect.” The Interim Rule amends the home health regulations at 42 CFR § 440.70(a)(3) to allow other licensed practitioners besides physicians to order medical equipment, supplies, and appliances when they are allowed to d......
  • Medicare Payment Rules Changed to Allow Broad Use of Remote Communications Technology
    • United States
    • JD Supra United States
    • April 8, 2020
    ...and appliances, and may include therapeutic services. This change applies to who can order home health services covered under 42 C.F.R. § 440.70(b)(1)–(4). It does not expand the benefit categories where these items can be 22. Origin and Destination Requirements Under the Ambulance Fee Sche......
  • New CMS Rule Permits Home Health Face-to-Face Encounters to Occur Through Telehealth Technology
    • United States
    • LexBlog United States
    • February 4, 2016
    ...The final rule confirms that the face-to-face encounter requirement “may occur through telehealth, as implemented by the State.” 42 C.F.R. § 440.70(f)(6). Section 6407 of the ACA added the requirement that a patient seeking Medicaid coverage for home health services must meet face-to-face w......
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1 provisions
  • File 32, HB 56 – Public employment-limit use of criminal records in hiring/employment
    • United States
    • Ohio Session Laws
    • January 1, 2015
    ...the following: (a) Home health aide services covered by the medicaid program as part of the home health services benefit pursuant to 42 C.F.R. 440.70(b)(2); (b) Home care attendant services covered by a participating medicaid waiver component, as defined in section 5166.30 of the Revised (c......

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