---
kind: "section"
citation: "42 C.F.R. § 405.2430"
title: "42"
number: "405.2430"
heading: "Basic requirements."
url: "https://uscodex.org/cfr/42/405.2430"
---

# §405.2430. Basic requirements.

- (a) **Filing procedures.**
  - (1) In response to a request from an entity that wishes to participate in the Medicare program, CMS enters into an agreement with an entity when all of the following occur:
    - (i) **HRSA approves the entity as meeting the requirements of section 330 of the PHS Act.**
    - (ii) The entity assures CMS that it meets the requirements specified in this subpart and [part 491](/cfr/42/part491.md) of this chapter, as described in [§ 405.2434(a)](/cfr/42/405.2434.md?p=a).
    - (iii) The FQHC terminates other provider agreements, unless the FQHC assures CMS that it is not using the same space, staff and resources simultaneously as a physician's office or another type of provider or supplier. A corporate entity may own other provider types as long as the provider types are distinct from the FQHC.
  - (2) **CMS sends the entity a written notice of the disposition of the request.**
  - (3) When the requirement of [paragraph (a)(1)](#a-1) of this section is satisfied, CMS sends the entity two copies of the agreement. The entity must sign and return both copies of the agreement to CMS.
  - (4) If CMS accepts the agreement filed by the FQHC, CMS returns to the center one copy of the agreement with the notice of acceptance specifying the effective date (see [§ 489.11](/cfr/42/489.11.md)), as determined under [§ 405.2434](/cfr/42/405.2434.md).
- (b) **Prior HRSA FQHC determination.** An entity applying to become a FQHC must do the following:
  - (1) Be determined by HRSA as meeting the applicable requirements of the PHS Act, as specified in [§ 405.2401(b)](/cfr/42/405.2401.md?p=b).
  - (2) Receive approval by HRSA as a FQHC under section 330 of the PHS Act ([42 U.S.C. 254b](/usc/42/254b.md)).
- (c) **Appeals.** An entity is entitled to a hearing in accordance with [part 498](/cfr/42/part498.md) of this chapter when CMS fails to enter into an agreement with the entity.

## Notes

### Amendments

[57 FR 24978, June 12, 1992, as amended at 61 FR 14657, Apr. 3, 1996; 79 FR 25476, May 2, 2014]

### Source

Source: 57 FR 24978, June 12, 1992, unless otherwise noted.

### Authority

Authority: Secs. 1102 and 1871 of the Social Security Act (42 U.S.C. 1302 and 1395hh).

### Source

Source: 43 FR 8261, Mar. 1, 1978, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 263a, 405(a), 1302, 1320b-12, 1395x, 1395y(a), 1395ff, 1395hh, 1395kk, 1395rr, and 1395ww(k).

### Amendments

[57 FR 24978, June 12, 1992, as amended at 61 FR 14657, Apr. 3, 1996; 79 FR 25476, May 2, 2014]