---
kind: "section"
citation: "42 C.F.R. § 455.106"
title: "42"
number: "455.106"
heading: "Disclosure by providers: Information on persons convicted of crimes."
url: "https://uscodex.org/cfr/42/455.106"
---

# §455.106. Disclosure by providers: Information on persons convicted of crimes.

- (a) **Information that must be disclosed.** Before the Medicaid agency enters into or renews a provider agreement, or at any time upon written request by the Medicaid agency, the provider must disclose to the Medicaid agency the identity of any person who:
  - (1) Has ownership or control interest in the provider, or is an agent or managing employee of the provider; and
  - (2) Has been convicted of a criminal offense related to that person's involvement in any program under Medicare, Medicaid, or the title XX services program since the inception of those programs.
- (b) **Notification to Inspector General.**
  - (1) The Medicaid agency must notify the Inspector General of the Department of any disclosures made under [paragraph (a)](#a) of this section within 20 working days from the date it receives the information.
  - (2) The agency must also promptly notify the Inspector General of the Department of any action it takes on the provider's application for participation in the program.
- (c) **Denial or termination of provider participation.**
  - (1) The Medicaid agency may refuse to enter into or renew an agreement with a provider if any person who has an ownership or control interest in the provider, or who is an agent or managing employee of the provider, has been convicted of a criminal offense related to that person's involvement in any program established under Medicare, Medicaid or the title XX Services Program.
  - (2) The Medicaid agency may refuse to enter into or may terminate a provider agreement if it determines that the provider did not fully and accurately make any disclosure required under [paragraph (a)](#a) of this section.

## Notes

### Source

Source: 44 FR 41644, July 17, 1979, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302.

### Source

Source: 43 FR 45262, Sept. 29, 1978, unless otherwise noted.