42 CFR § 431.110 - Participation by Indian Health Service facilities.
---
identifier: "/us/cfr/t42/s431.110"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 431.110 - Participation by Indian Health Service facilities."
title_number: 42
title_name: "Public Health"
section_number: "431.110"
section_name: "Participation by Indian Health Service facilities."
chapter_name: "CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "C"
subchapter_name: "MEDICAL ASSISTANCE PROGRAMS"
part_number: "431"
part_name: "STATE ORGANIZATION AND GENERAL ADMINISTRATION"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 1302."
regulatory_source: "43 FR 45188, Sept. 29, 1978, unless otherwise noted."
cfr_part: "431"
---
# 431.110 Participation by Indian Health Service facilities.
(a) *Basis.* This section is based on section 1902(a)(4) of the Act, proper and efficient administration; 1902(a)(23), free choice of provider; and 1911, reimbursement of Indian Health Service facilities.
(b) *State plan requirements.* A State plan must provide that an Indian Health Service facility meeting State requirements for Medicaid participation must be accepted as a Medicaid provider on the same basis as any other qualified provider. However, when State licensure is normally required, the facility need not obtain a license but must meet all applicable standards for licensure. In determining whether a facility meets these standards, a Medicaid agency or State licensing authority may not take into account an absence of licensure of any staff member of the facility.