§488.456. Termination of provider agreement.
42 C.F.R. § 488.456
Effect of termination. Termination of the provider agreement ends—
Payment to the facility; and
Any alternative remedy.
Basis for termination.
CMS and the State may terminate a facility's provider agreement if a facility—
Is not in substantial compliance with the requirements of participation, regardless of whether or not immediate jeopardy is present; or
Fails to submit an acceptable plan of correction within the timeframe specified by CMS or the State.
CMS and the State terminate a facility's provider agreement if a facility—
Fails to relinquish control to the temporary manager, if that remedy is imposed by CMS or the State; or
Does not meet the eligibility criteria for continuation of payment as set forth in § 488.412(a)(1).
Notice of termination. Before terminating a provider agreement, CMS does and the State must notify the facility and the public—
At least 2 calendar days before the effective date of termination for a facility with immediate jeopardy deficiencies; and
At least 15 calendar days before the effective date of termination for a facility with non-immediate jeopardy deficiencies that constitute noncompliance.
Procedures for termination.
CMS terminates the provider agreement in accordance with procedures set forth in § 489.53 of this chapter; and
The State must terminate the provider agreement of a NF in accordance with procedures specified in parts 431 and 442 of this chapter.
Notes, amendments, and revision history
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.