---
kind: "section"
citation: "42 C.F.R. § 489.62"
title: "42"
number: "489.62"
heading: "Requirement waived for Government-operated HHAs."
url: "https://uscodex.org/cfr/42/489.62"
---

# §489.62. Requirement waived for Government-operated HHAs.


An HHA operated by a Federal, State, local, or tribal government agency is deemed to have provided CMS with a comparable surety bond under State law, and CMS therefore waives the requirements of this subpart with respect to such an HHA if, during the preceding 5 years the HHA has—

- (a) Not had any unpaid claims or unpaid civil money penalties or assessments; and
- (b) Not had any of its claims referred by CMS to the Department of Justice or the General Accounting Office in accordance with [part 401](/cfr/42/part401.md) of this chapter.

## Notes

### Amendments

[63 FR 313, Jan. 5, 1998, as amended at 63 FR 29655, June 1, 1998]

### Source

Source: 63 FR 313, Jan. 5, 1998, unless otherwise noted.

### 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

[63 FR 313, Jan. 5, 1998, as amended at 63 FR 29655, June 1, 1998]