---
kind: "section"
citation: "42 C.F.R. § 403.245"
title: "42"
number: "403.245"
heading: "Loss of certification."
url: "https://uscodex.org/cfr/42/403.245"
---

# §403.245. Loss of certification.

- (a) **A policy loses certification if—**
  - (1) The insuring organization withdraws the policy from the voluntary certification program; or
  - (2) **CMS determines that—**
    - (i) The policy fails to meet the requirements specified in [§ 403.232(a)](/cfr/42/403.232.md?p=a); or
    - (ii) The insuring organization has failed to meet the requirements for submittal of material specified in [§ 403.239](/cfr/42/403.239.md).
- (b) If a policy loses its certification, CMS will inform all State Commissioners and Superintendents of Insurance of that fact.
- (c) If a policy that displays the emblem, or that has been marketed as a certified policy without the emblem, loses certification, the insuring organization must notify each holder of the policy, or of a certificate issued under the policy, of that fact. The notice must be in writing and sent by the earlier of—
  - (1) The date of the first regular premium notice after the date the policy loses its certification; or
  - (2) 60 days after the date the policy loses its certification.

## Notes

### Source

Source: 47 FR 32400, July 26, 1982, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302 and 1395hh.