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Title 42 Part 495 → Subpart D → §495.360

Title 42 → Chapter IV → Subchapter G → Part 495 → Subpart D → §495.360

Electronic Code of Federal Regulations e-CFR

Title 42 Part 495 → Subpart D → §495.360

e-CFR data is current as of January 21, 2020

Title 42Chapter IVSubchapter GPart 495Subpart D → §495.360


Title 42: Public Health
PART 495—STANDARDS FOR THE ELECTRONIC HEALTH RECORD TECHNOLOGY INCENTIVE PROGRAM
Subpart D—Requirements Specific to the Medicaid Program


§495.360   Software and ownership rights.

(a) General rule. The State or local government must include a clause in all procurement instruments that provides that the State or local government will have all ownership rights in software or modifications thereof and associated documentation designed, developed or installed with FFP under this Subpart.

(b) Federal license. HHS reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use and to authorize others to use for Federal government purposes, the software, modifications, and documentation designed, developed or installed with FFP under this Subpart.

(c) Proprietary software. Proprietary operating/vendor software packages such as software that is owned and licensed for use by third parties, which are provided at established catalog or market prices and sold or leased to the general public must not be subject to the ownership provisions in paragraphs (a) and (b) of this section.

(d) Limitation. Federal financial participation is not available for proprietary applications software developed specifically for the public assistance programs covered under this subpart.