Intermediate Care Facilities for the Intellectually Disabled (ICF/IID) No Longer
Certified Under Time-Limited Agreements

The Burden Reduction Rule I removed the time limited agreement for certification of ICF/IID’s – The regulation at §442.15 was changed to provide that provider agreements for ICF/IID’s would remain in effect as long as the facility remains in compliance with the Conditions Of Participation (COP’s). Regulations at §442.109 through §442.111 are also changed to reflect this change.
• The rule was published May 16, 2012 – Beginning on that date, ICF/IID’s are no longer subject to time-limited agreements. However, they are to be surveyed for re-certification an average of every 12 months and at least once every 15 months.
• If during a survey the survey agency finds a facility does not meet the standards for participation the facility may remain certified if the survey agency makes two determinations – The facility may maintain its certification if the survey agency finds Immediate Jeopardy doesn’t exist, and if the facility provides an acceptable plan of correction.
• An ICF/IID may be decertified under procedures outlined in Section 3012 of the State Operations Manual. More specifically, a facility may be decertified if an immediate jeopardy finding remains unabated after 23 days or if it fails to regain compliance with conditions of participation after 90 days.