{"data":{"id":"us/42-cfr-440.40","jurisdiction":"us","citation":"42 CFR 440.40","heading":"Nursing facility services for individuals age 21 or older (other than services in an institution for mental disease), EPSDT, and family planning services and supplies.","body":"(a) Nursing facility services. (1) “Nursing facility services for individuals age 21 or older, other than services in an institution for mental diseases”, means services that are—\n(i) Needed on a daily basis and required to be provided on an inpatient basis under §§ 409.31 through 409.35 of this chapter.\n(ii) Provided by—\n(A) A facility or distinct part (as defined in § 483.5(b) of this chapter) that meets the requirements for participation under subpart B of part 483 of this chapter, as evidenced by a valid agreement between the Medicaid agency and the facility for providing nursing facility services and making payments for services under the plan; or\n(B) If specified in the State plan, a swing-bed hospital that has an approval from CMS to furnish skilled nursing facility services in the Medicare program; and\n(iii) Ordered by and provided under the direction of a physician.\n(2) Nursing facility services include services provided by any facility located on an Indian reservation and certified by the Secretary as meeting the requirements of subpart B of part 483 of this chapter.\n(b) EPSDT. “Early and periodic screening and diagnosis and treatment” means—\n(1) Screening and diagnostic services to determine physical or mental defects in beneficiaries under age 21; and\n(2) Health care, treatment, and other measures to correct or ameliorate any defects and chronic conditions discovered. (See subpart B of part 441 of this chapter.)\n(c) Family planning services and supplies for individuals of child-bearing age. [Reserved]","path":["Title 42—Public Health","CHAPTER IV—CENTERS FOR MEDICARE \u0026 MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES","SUBCHAPTER C—MEDICAL ASSISTANCE PROGRAMS","PART 440—SERVICES: GENERAL PROVISIONS","Subpart A—Definitions"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-42.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:11Z","sha256":"266e47368938f972ebdc807af77ca51656e51a0a886497f6de6c1c6f08233473","source_id":"us-cfr","stale":true,"prev":"us/42-cfr-440.30","next":"us/42-cfr-440.50"},"notice":"GroundRules: Original legal text. Not legal advice."}