[Code of Federal Regulations]
[Title 42, Volume 3]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 42CFR486.325]

[Page 631-647]
 
                         TITLE 42--PUBLIC HEALTH
 
  CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF 
                  HEALTH AND HUMAN SERVICES (CONTINUED)
 
PART 486_CONDITIONS FOR COVERAGE OF SPECIALIZED SERVICES FURNISHED BY 
SUPPLIERS--Table of Contents
 
   Subpart G_Conditions for Coverage: Organ Procurement Organizations
 
Sec. 486.325  Terminations of agreement with CMS.

    (a) Types--(1) Voluntary termination. If an OPO wishes to terminate 
its agreement, it must send written notice of its intention with the 
proposed effective date to CMS. CMS may approve the proposed date, set a 
different date no later than 6 months after the proposed effective date, 
or set a date less than 6

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months after the proposed date if it determines that it would not 
disrupt services to the service area or otherwise interfere with the 
effective and efficient administration of the Medicare and Medicaid 
programs. If CMS determines that a designated OPO has ceased to furnish 
organ procurement services to its service area, the cessation of 
services is deemed to constitute a voluntary termination by the OPO, 
effective on a date determined by CMS.
    (2) Involuntary termination. CMS may terminate an agreement if it 
finds that an OPO no longer meets the conditions for coverage in this 
subpart, or is not in substantial compliance with any other applicable 
Federal regulations or provisions of titles XI, XVIII, or title XIX of 
the Act. CMS may also terminate an agreement immediately in cases of 
urgent need, such as the discovery of unsound medical practices.
    (b) Notice to OPO. CMS gives notice of termination to an OPO at 
least 90 days before the effective date stated in the notice.
    (c) Appeal right. The OPO may appeal the termination in accordance 
with the provisions set forth in part 498, which sets forth appeals 
procedures for determinations that affect participation in the Medicare 
and Medicaid programs.
    (d) Effects of termination. When an OPO agreement is terminated--
    (1) Medicare and Medicaid payments may not be made for organ 
procurement services the OPO furnishes on or after the effective date of 
termination; and
    (2) CMS will accept applications from any entity to be the 
designated OPO for that area.
    (e) Public notice. In the case of voluntary termination, the OPO 
must give prompt public notice of the date of termination, and such 
information regarding the effect of that termination as CMS may require, 
through publication in local newspapers in the service area. In the case 
of involuntary termination, CMS gives notice of the date of termination.
    (f) Reinstatement. CMS may, at its discretion, designate an OPO 
whose agreement was previously terminated if CMS finds that the cause 
for termination has been removed, is satisfied that it is not likely to 
recur, has not designated another OPO for the service area, and finds 
that the OPO meets all the necessary requirements for designation.

[59 FR 46517, Sept. 8, 1994. Redesignated and amended at 60 FR 50447, 
50448, Sept. 29, 1995; 61 FR 19745, May 2, 1996]

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                   Appendix A to Subpart G of Part 486
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[61 FR 19745, May 2, 1996]