{"data":{"id":"us/42-cfr-441.305","jurisdiction":"us","citation":"42 CFR 441.305","heading":"Replacement of beneficiaries in approved waiver programs.","body":"(a) Regular waivers. A State's estimate of the number of individuals who may receive home and community-based services must include those who will replace beneficiaries who leave the program for any reason. A State may replace beneficiaries who leave the program due to death or loss of eligibility under the State plan without regard to any federally-imposed limit on utilization, but must maintain a record of beneficiaries replaced on this basis.\n(b) Model waivers. (1) The number of individuals who may receive home and community-based services under a model waiver may not exceed 200 beneficiaries at any one time.\n(2) The agency may replace any individuals who die or become ineligible for State plan services to maintain a count up to the number specified by the State and approved by CMS within the 200-maximum limit.","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 441—SERVICES: REQUIREMENTS AND LIMITS APPLICABLE TO SPECIFIC SERVICES","Subpart G—Home and Community-Based Services: Waiver Requirements"],"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":"ca4a9667e88bab1981c763eaf6ede98ab2772961a3c7d82c6164432b4ce29636","source_id":"us-cfr","stale":true,"prev":"us/42-cfr-441.304","next":"us/42-cfr-441.306"},"notice":"GroundRules: Original legal text. Not legal advice."}