---
kind: "section"
citation: "42 C.F.R. § 489.68"
title: "42"
number: "489.68"
heading: "Effect of failure to obtain, maintain, and timely file a surety bond."
url: "https://uscodex.org/cfr/42/489.68"
---

# §489.68. Effect of failure to obtain, maintain, and timely file a surety bond.

- (a) The failure of a participating HHA to obtain, file timely, and maintain a surety bond in accordance with this subpart F and CMS's instructions is sufficient under [§ 489.53(a)(1)](/cfr/42/489.53.md?p=a-1) for CMS to terminate the HHA's provider agreement.
- (b) The failure of an HHA seeking to become a participating HHA to obtain and file timely a surety bond in accordance with this Subpart F and CMS's instructions is sufficient under [§ 489.12(a)(3)](/cfr/42/489.12.md?p=a-3) for CMS to refuse to enter into a provider agreement with the HHA.

## Notes

### 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.