---
kind: "section"
citation: "42 C.F.R. § 417.486"
title: "42"
number: "417.486"
heading: "Disclosure of information and confidentiality."
url: "https://uscodex.org/cfr/42/417.486"
---

# §417.486. Disclosure of information and confidentiality.


The contract must provide that the HMO or CMP agrees to the following:

- (a) **To submit to CMS—**
  - (1) All financial information required under subpart O of this part and for final settlement;
  - (2) Any other information necessary for the administration or evaluation of the Medicare program; and
  - (3) Risk adjustment data as specified in [§ 422.310](/cfr/42/422.310.md) of this chapter for the purposes of determining an individual's health status. In applying this [paragraph (a)(3)](#a-3), references to Medicare Advantage (MA) organizations in [§ 422.310](/cfr/42/422.310.md) must be read to mean HMOs and CMPs.
- (b) To comply with the requirements set forth in [part 420](/cfr/42/part420.md), [subpart C](/cfr/42/subpartC.md), of this chapter pertaining to the disclosure of ownership and control information.
- (c) To comply with the requirements of the Privacy Act, as implemented by [45 CFR part 5b](/cfr/45/part5b.md) and [subpart B of part 401](/cfr/42/part401-subpartB.md) of this chapter, with respect to any system of records developed in performing carrier or intermediary functions under §§ [417.532](/cfr/42/417.532.md) and [417.533](/cfr/42/417.533.md).
- (d) To meet the confidentiality requirements of [§ 482.24(b)(3)](/cfr/42/482.24.md?p=b-3) of this chapter for medical records and for all other enrollee information that is—
  - (1) Contained in its records or obtained from CMS or other sources; and
  - (2) **Not covered under paragraph (c) of this section.**

## Notes

### Amendments

[50 FR 1346, Jan. 10, 1985, as amended at 58 FR 38082, July 15, 1993; 60 FR 45680, Sept. 1, 1995; 90 FR 15909, Apr. 15, 2025]

### 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

[50 FR 1346, Jan. 10, 1985, as amended at 58 FR 38082, July 15, 1993; 60 FR 45680, Sept. 1, 1995; 90 FR 15909, Apr. 15, 2025]