[Code of Federal Regulations] [Title 42, Volume 2] [Revised as of October 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 42CFR421.104] [Page 817-818] TITLE 42--PUBLIC HEALTH HUMAN SERVICES PART 421--INTERMEDIARIES AND CARRIERS--Table of Contents Subpart B--Intermediaries Sec. 421.104 Nominations for intermediary. (a) Nomination by groups or associations of providers. (1) An association of providers, except for hospices, may nominate an organization or agency to serve as intermediary for its members. (2) The nomination is not binding on any member of the association if it notifies CMS of its nonconcurrence with the nomination. (3) The nomination must be made in writing, to CMS, and must-- (i) Identify the proposed intermediary by giving the complete name and address; (ii) Include, or furnish as an attachment, the name, address, and bed capacity (or patient care capacity in the case of home health agencies) of each member of the association; (iii) List the members that have concurred in the nomination of the proposed intermediary; and (iv) Be signed by an authorized representative of the association. (b) Action by nonmembers or nonconcurring members. Providers that nonconcur in their association's nomination, or are not members of an association, may-- (1) Form a group of 2 or more providers for the specific purpose of nominating an intermediary, in accordance with provisions of paragraph (a) of this section; (2) Elect to receive payments from a fiscal intermediary with which CMS already has an agreement, if CMS and the intermediary agree to it (see Sec. 421.106); or [[Page 818]] (3) Elect to receive payment from CMS as provided in Sec. 421.103. (c) CMS is not required to enter into an agreement with a proposed intermediary solely because it has been nominated. [45 FR 42179, June 23, 1980, as amended at 48 FR 56035, Dec. 16, 1983; 49 FR 3659, Jan. 30, 1984]