---
kind: "section"
citation: "42 C.F.R. § 488.1260"
title: "42"
number: "488.1260"
heading: "Continuation of payments to a hospice program with deficiencies."
url: "https://uscodex.org/cfr/42/488.1260"
---

# §488.1260. Continuation of payments to a hospice program with deficiencies.

- (a) **Continued payments.** CMS may continue payments to a hospice program with condition-level deficiencies that do not constitute immediate jeopardy for up to 6 months from the last day of the survey if the criteria in [paragraph (a)(1)](#a-1) of this section are met.
  - (1) **Criteria.** CMS may continue payments to a hospice program not in compliance with the conditions of participation for the period specified in [paragraph (a)](#a) of this section if all of the following criteria are met:
    - (i) An enforcement remedy, or remedies, has been imposed on the hospice program and termination has not been imposed.
    - (ii) **The hospice program has submitted a plan of correction approved by CMS.**
    - (iii) The hospice program agrees to repay the Federal Government payments received under this [paragraph (a)](#a) if corrective action is not taken in accordance with the approved plan and timetable for corrective action.
  - (2) **Termination.** CMS may terminate the hospice program's provider agreement any time if the criteria in [paragraph (a)(1)](#a-1) of this section are not met.
- (b) **Cessation of payments for new admissions.** If termination is imposed, either on its own or in addition to an enforcement remedy or remedies, or if any of the criteria set forth in [paragraph (a)(1)](#a-1) of this section are not met, the hospice program will receive no Medicare payments, as applicable, for new admissions following the last day of the survey.
- (c) **Failure to achieve compliance with the conditions of participation.** If the hospice program does not achieve compliance with the conditions of participation by the end of the period specified in [paragraph (a)](#a) of this section, CMS terminates the provider agreement of the hospice program in accordance with [§ 488.1265](/cfr/42/488.1265.md).

## Notes

### Source

Source: 86 FR 62425, Nov. 9, 2021, unless otherwise noted.

### Authority

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

### Source

Source: 53 FR 22859, June 17, 1988, unless otherwise noted.