---
kind: "section"
citation: "42 C.F.R. § 488.426"
title: "42"
number: "488.426"
heading: "Transfer of residents, or closure of the facility and transfer of residents."
url: "https://uscodex.org/cfr/42/488.426"
---

# §488.426. Transfer of residents, or closure of the facility and transfer of residents.

- (a) **Transfer of residents, or closure of the facility and transfer of residents in an emergency.** In an emergency, the State has the authority to—
  - (1) Transfer Medicaid and Medicare residents to another facility; or
  - (2) **Close the facility and transfer the Medicaid and Medicare residents to another facility.**
- (b) **Required transfer when a facility's provider agreement is terminated.** When the State or CMS terminates a facility's provider agreement, the State will arrange for the safe and orderly transfer of all Medicare and Medicaid residents to another facility, in accordance with [§ 483.70(l)](/cfr/42/483.70.md?p=l) of this chapter.
- (c) **Required notifications when a facility's provider agreement is terminated.** When the State or CMS terminates a facility's provider agreement, CMS determines the appropriate date for notification, in accordance with [§ 483.70(l)](/cfr/42/483.70.md?p=l) of this chapter.

## Notes

### Amendments

[59 FR 56243, Nov. 10, 1994; 60 FR 50119, Sept. 28, 1995, as amended at 76 FR 9511, Feb. 18, 2011; 81 FR 68872, Oct. 4, 2016]

### Source

Source: 59 FR 56243, Nov. 10, 1994, unless otherwise noted.

### Authority

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

### Source

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

### Amendments

[59 FR 56243, Nov. 10, 1994; 60 FR 50119, Sept. 28, 1995, as amended at 76 FR 9511, Feb. 18, 2011; 81 FR 68872, Oct. 4, 2016]