[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: 42CFR421.112] [Page 819] TITLE 42--PUBLIC HEALTH HUMAN SERVICES PART 421--INTERMEDIARIES AND CARRIERS--Table of Contents Subpart B--Intermediaries Sec. 421.112 Considerations relating to the effective and efficient administration of the program. (a) In order to accomplish the most effective and efficient administration of the Medicare program, determinations may be made by the Secretary with respect to the termination of an intermediary agreement, or by CMS with respect to the-- (1) Renewal of an intermediary agreement (Sec. 421.110); (2) Assignment or reassignment of providers to an intermediary (Sec. 421.114); or (3) Designation of a regional or national intermediary to serve a class of providers (Sec. 421.116). (b) When taking the actions listed in paragraph (a), the Secretary or CMS will consider the performance of the individual intermediary in its Medicare operations using the factors contained in the performance criteria (Sec. 421.120) and performance standards (Sec. 421.122). (c) In addition, when taking the actions listed in paragraph (a) of this section, the Secretary or CMS may consider factors relating to-- (1) Consistency in the administration of program policy; (2) Development of intermediary expertise in difficult areas of program administration; (3) Individual capacity of available intermediaries to serve providers as it is affected by such considerations as-- (i) Program emphasis on the number or type of providers to be served; or (ii) Changes in data processing technology; (4) Overdependence of the program on the capacity of an intermediary to an extent that services could be interrupted; (5) Economy in the delivery of intermediary services; (6) Timeliness in the delivery of intermediary services; (7) Duplication in the availability of intermediaries; (8) Conflict of interest between an intermediary and provider; and (9) Any additional pertinent factors. [45 FR 42179, June 23, 1980, as amended at 59 FR 682, Jan. 6, 1994]