§489.12. Decision to deny an agreement.
42 C.F.R. § 489.12
Bases for denial. CMS may refuse to enter into an agreement for any of the following reasons:
Principals of the prospective provider have been convicted of fraud (see § 420.204 of this chapter);
The prospective provider has failed to disclose ownership and control interests in accordance with § 420.206 of this chapter;
The prospective provider is a physician-owned hospital as defined in § 489.3 and does not have procedures in place for making physician ownership disclosures to patients in accordance with § 489.20(u); or
The prospective provider is unable to give satisfactory assurance of compliance with the requirements of title XVIII of the Act.
[Reserved]
Compliance with civil rights requirements. CMS will not enter into a provider agreement if the provider fails to comply with civil rights requirements set forth in 45 CFR parts 80, 84, and 90, subject to the provisions of § 489.10.
Notes, amendments, and revision history
Amendments
[45 FR 22937, Apr. 4, 1980, as amended at 51 FR 34833, Sept. 30, 1986; 54 FR 4027, Jan. 27, 1989; 59 FR 6578, Feb. 11, 1994; 59 FR 56251, Nov. 10, 1994; 72 FR 47413, Aug. 22, 2007]
Authority
Authority: 42 U.S.C. 1302, 1395i-3, 1395x, 1395aa(m), 1395cc, 1395ff, and 1395hh.
Source
Source: 45 FR 22937, Apr. 4, 1980, unless otherwise noted.
Amendments
[45 FR 22937, Apr. 4, 1980, as amended at 51 FR 34833, Sept. 30, 1986; 54 FR 4027, Jan. 27, 1989; 59 FR 6578, Feb. 11, 1994; 59 FR 56251, Nov. 10, 1994; 72 FR 47413, Aug. 22, 2007]