(a) ``ICF/IID services'' means those items and services furnished in an intermediate care facility for Individuals with Intellectual Disabilities if the following conditions are met:
(1) The facility fully meets the requirements for a State license to provide services that are above the level of room and board;
(2) The primary purpose of the ICF/IID is to furnish health or rehabilitative services to persons with Intellectual Disability or persons with related conditions;
(3) The ICF/IID meets the standards specified in subpart I of part 483 of this chapter.
(4) The beneficiary with Intellectual Disability for whom payment is requested is receiving active treatment, as specified in Sec. 483.440 of this chapter.
(5) The ICF/IID has been certified to meet the requirements of subpart C of part 442 of this chapter, as evidenced by a valid agreement between the Medicaid agency and the facility for furnishing ICF/IID services and making payments for these services under the plan.
(b) ICF/IID services may be furnished in a distinct part of a facility other than an ICF/IID if the distinct part--
(1) Meets all requirements for an ICF/IID, as specified in subpart I of part 483 of this chapter;
(2) Is clearly an identifiable living unit, such as an entire ward, wing, floor or building;
(3) Consists of all beds and related services in the unit;
(4) Houses all beneficiaries for whom payment is being made for ICF/IID services; and
(5) Is approved in writing by the survey agency. [59 FR 56234, Nov. 10, 1994]