---
kind: "section"
citation: "42 C.F.R. § 417.400"
title: "42"
number: "417.400"
heading: "Basis and scope."
url: "https://uscodex.org/cfr/42/417.400"
---

# §417.400. Basis and scope.

- (a) **Statutory basis.** The regulations in this subpart implement section 1876 of the Act, which authorizes Medicare payment to HMOs and CMPs that contract with CMS to furnish covered services to Medicare beneficiaries.
- (b) **Scope.**
  - (1) This subpart sets forth the requirements an HMO or CMP must meet in order to enter into a contract with CMS under [section 1876](/cfr/42/1876.md) of the Act. It also specifies the procedures that CMS follows to evaluate applications and make determinations.
  - (2) **The rules for payment to HMOs and CMPs are set forth in subparts N, O, and P of this part.**
  - (3) The rules for HCPP participation in Medicare under section 1833(a)(1)(A) of the Act are set forth in [subpart U](/cfr/42/subpartU.md) of this part.

## Notes

### Amendments

[60 FR 45675, Sept. 1, 1995]

### Source

Source: 50 FR 1346, Jan. 10, 1985, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302 and 1395hh, and 300e, 300e-5, and 300e-9, and 31 U.S.C. 9701.

### Amendments

[60 FR 45675, Sept. 1, 1995]