42 CFR § 434.10 - Contracts with fiscal agents.

---
identifier: "/us/cfr/t42/s434.10"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 434.10 - Contracts with fiscal agents."
title_number: 42
title_name: "Public Health"
section_number: "434.10"
section_name: "Contracts with fiscal agents."
chapter_name: "CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "C"
subchapter_name: "MEDICAL ASSISTANCE PROGRAMS"
part_number: "434"
part_name: "CONTRACTS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Sec. 1102 of the Social Security Act (42 U.S.C. 1302)."
regulatory_source: "48 FR 54020, Nov. 30, 1983, unless otherwise noted."
cfr_part: "434"
---


# 434.10 Contracts with fiscal agents.

Contracts with fiscal agents must—

(a) Meet the requirements of § 434.6;

(b) Include termination procedures that require the contractors to supply promptly all material necessary for continued operation of payment and related systems. This material includes—

(1) Computer programs;

(2) Data files;

(3) User and operation manuals, and other documentation;

(4) System and program documentation; and

(5) Training programs for Medicaid agency staff, their agents or designated representatives in the operation and maintenance of the system;

(c) Offer to the State one or both of the following options, if the fiscal agent or the fiscal agent's subcontractor has a proprietary right to material specified in paragraph (b) of this section:

(1) Purchasing the material; or

(2) Purchasing the use of the material through leasing or other means; and

(d) State that payment to providers will be made in accordance with part 447 of this chapter.