---
kind: "section"
citation: "45 C.F.R. § 150.213"
title: "45"
number: "150.213"
heading: "Form and content of notice."
url: "https://uscodex.org/cfr/45/150.213"
---

# §150.213. Form and content of notice.


The notice provided to the State is in writing and does the following:

- (a) Identifies the PHS Act requirement or requirements that have allegedly not been substantially enforced.
- (b) Describes the factual basis for the allegation of a failure or failures to enforce PHS Act requirements.
- (c) Explains that the consequence of a State's failure to substantially enforce PHS Act requirements is that CMS enforces them.
- (d) Advises the State that it has 30 days from the date of the notice to respond, unless the time for response is extended as described in [§ 150.215](/cfr/45/150.215.md) of this subpart. The State's response should include any information that the State wishes CMS to consider in making the preliminary determination described in [§ 150.217](/cfr/45/150.217.md).

## Notes

### Amendments

[64 FR 45795, Aug. 20, 1999, as amended at 78 FR 13440, Feb. 27, 2013; 86 FR 24286, May 5, 2021]

### Authority

Authority: 42 U.S.C. 300gg through 300gg-63, 300gg-91, and 300gg-92, as amended.

### Source

Source: 64 FR 45795, Aug. 20, 1999, unless otherwise noted.

### Amendments

[64 FR 45795, Aug. 20, 1999, as amended at 78 FR 13440, Feb. 27, 2013; 86 FR 24286, May 5, 2021]