42 U.S.C. § 1396i : US Code - Section 1396I: Certification and approval of rural health clinics and intermediate care facilities for mentally retarded

Search 42 U.S.C. § 1396i : US Code - Section 1396I: Certification and approval of rural health clinics and intermediate care facilities for mentally retarded

(a)(1) Whenever the Secretary certifies a facility in a State to
be qualified as a rural health clinic under subchapter XVIII of
this chapter, such facility shall be deemed to meet the standards
for certification as a rural health clinic for purposes of
providing rural health clinic services under this title.
(2) The Secretary shall notify the State agency administering the
medical assistance plan of his approval or disapproval of any
facility in that State which has applied for certification by him
as a qualified rural health clinic.
(b)(1) The Secretary may cancel approval of any intermediate care
facility for the mentally retarded at any time if he finds on the
basis of a determination made by him as provided in section
1396a(a)(33)(B) of this title that a facility fails to meet the
requirements contained in section 1396a(a)(31) of this title or
section 1396d(d) of this title, or if he finds grounds for
termination of his agreement with the facility pursuant to section
1395cc(b) of this title. In that event the Secretary shall notify
the State agency and the intermediate care facility for the
mentally retarded that approval of eligibility of the facility to
participate in the programs established by this subchapter and
subchapter XVIII of this chapter shall be terminated at a time
specified by the Secretary. The approval of eligibility of any such
facility to participate in such programs may not be reinstated
unless the Secretary finds that the reason for termination has been
removed and there is reasonable assurance that it will not recur.
(2) Any intermediate care facility for the mentally retarded
which is dissatisfied with a determination by the Secretary that it
no longer qualifies as a (!1) intermediate care facility for the
mentally retarded for purposes of this subchapter, shall be
entitled to a hearing by the Secretary to the same extent as is
provided in section 405(b) of this title and to judicial review of
the Secretary's final decision after such hearing as is provided in
section 405(g) of this title, except that, in so applying such
sections and in applying section 405(l) of this title thereto, any
reference therein to the Commissioner of Social Security or the
Social Security Administration shall be considered a reference to
the Secretary or the Department of Health and Human Services,
respectively. Any agreement between such facility and the State
agency shall remain in effect until the period for filing a request
for a hearing has expired or, if a request has been filed, until a
decision has been made by the Secretary; except that the agreement
shall not be extended if the Secretary makes a written
determination, specifying the reasons therefor, that the
continuation of provider status constitutes an immediate and
serious threat to the health and safety of patients, and the
Secretary certifies that the facility has been notified of its
deficiencies and has failed to correct them.