---
kind: "section"
citation: "42 C.F.R. § 488.860"
title: "42"
number: "488.860"
heading: "Continuation of payments to an HHA with deficiencies."
url: "https://uscodex.org/cfr/42/488.860"
---

# §488.860. Continuation of payments to an HHA with deficiencies.

- (a) **Continued payments.** CMS may continue payments to an HHA 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 an HHA 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) **The HHA has been imposed an alternative sanction or sanctions and termination has not been imposed.**
    - (ii) **The HHA has submitted a plan of correction approved by CMS.**
    - (iii) The HHA agrees to repay the Federal government payments received under this provision if corrective action is not taken in accordance with the approved plan and timetable for corrective action.
  - (2) CMS may terminate the HHA'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 alternative sanction or sanctions, or if any of the criteria set forth in [paragraph (a)(1)](#a-1) of this section are not met, the HHA 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 HHA does not achieve compliance with the conditions of participation by the end of the period specified in [paragraph (a)](#a) of this section, CMS will terminate the provider agreement of the HHA in accordance with [§ 488.865](/cfr/42/488.865.md).

## Notes

### Source

Source: 77 FR 67165, Nov. 8, 2012, unless otherwise noted.

### Authority

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

### Source

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