AUTHORITIES AND DEFINITIONS. This MOA is being entered into pursuant to NEPA, 42 U.S.C. Section 4331, et seq., the Council on Environmental Quality’s NEPA regulation regarding Cooperating Agencies, 40 C.F.R §§ 1501.8 and 1508.1(e), the DHS Instruction Manual 023-01-001-01, Revision 01, Implementation of the National Environmental Policy Act (NEPA) November 6, 2014, and FEMA Instruction 108-1-1, Instruction on Implementation of the Environmental Planning and Historic Preservation Responsibilities and Program Requirements October 10, 2018. 40 C.F.R. § 1501.8 Cooperating agencies.
(a) The purpose of this section is to emphasize agency cooperation early in the NEPA process. Upon request of the lead agency, any Federal agency with jurisdiction by law shall be a cooperating agency. In addition, upon request of the lead agency, any other Federal agency with special expertise with respect to any environmental issue may be a cooperating agency. A State, Tribal, or local agency of similar qualifications may become a cooperating agency by agreement with the lead agency. This MOA uses the definition of Cooperating Agency in 40 C.F.R. § 1508.1(e): Cooperating agency means any Federal agency (and a State, Tribal, or local agency with agreement of the lead agency) other than a lead agency that has jurisdiction by law or special expertise with respect to any environmental impact involved in a proposal (or a reasonable alternative) for legislation or other major Federal action that may significantly affect the quality of the human environment.
AUTHORITIES AND DEFINITIONS. A. All authorities shall refer to the most recent and current language applicable.
AUTHORITIES AND DEFINITIONS. The following authorities and definitions are hereby incorporated into this Agreement. A. 42 U.S.C. § 1396d(a)(29)(A) prohibits Medicaid payments for services provided to an inmate in a public institution. However, Medicaid funding is available for medical services provided by an enrolled Medicaid provider to an eligible inmate not in a prison setting who becomes an inpatient in a medical setting. See also 42 C.F.R. § 435.1009(a)(1). B. 42 C.F.R. § 435.1010 defines a “Public Institution” as “an institution that is the responsibility of a governmental unit or over which a governmental unit exercises administrative control.” C. 42 C.F.R 435.1009 provides that a public institution does not include the following: medical institution, intermediate care facility, a publicly operated community residence serving no more than 16 residents, or a child care institution. D. 42 C.F.R. 435.1010 defines “Medical Institution” as an institution that meets all of the following: is organized to provide medical care, including nursing and convalescent care; has the necessary professional personnel equipment, and facilities to manage the medical, nursing, and other health needs of patients on a continuing basis in accordance with accepted standards; is authorized under State law to provide medical care; and is staffed by professional personnel who are responsible to the institution for professional medical and nursing services. The services must include adequate and continual medical care and supervision by a physician; registered nurse or licensed practical nurse supervision and services and nurses’ aid services, sufficient to meet the nursing care needs; and a physician’s guidance on the professional aspects of operating the institution.
