[Code of Federal Regulations]

[Title 42, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR407.45]



[Page 270-271]

 

                         TITLE 42--PUBLIC HEALTH

 

                    CHAPTER IV--CENTERS FOR MEDICARE

                          & MEDICAID SERVICES,

                        DEPARTMENT OF HEALTH AND

                             HUMAN SERVICES

 

PART 407_SUPPLEMENTARY MEDICAL INSURANCE (SMI) ENROLLMENT AND ENTITLEMENT

--Table of Contents

 

                    Subpart C_State Buy-In Agreements

 

Sec. 407.45  Termination of State buy-in agreements.



    (a) Termination by the State--(1) Termination after advance notice. 

A State may terminate its buy-in agreement after giving CMS 3 months, 

advance notice.

    (2) Termination without advance notice. A State may terminate its 

buy-in agreement without advance notice if--

    (i) The State gives CMS written certification to the effect that it 

is no longer legally able to comply with one or more of the provisions 

of the agreement; and

    (ii) Submits a supporting opinion from the appropriate State legal 

officer, if CMS requests such an opinion.

    (b) Termination by CMS. If CMS, after giving the State notice and 

opportunity for hearing, finds that the State has failed to comply 

substantially with one or more of the provisions of the agreement, other 

than the requirement for timely payment of premiums, CMS will give the 

State written notice to the effect that the agreement will terminate on 

the date indicated in the notice unless, before that date, CMS finds 

that there is no longer that failure to



[[Page 271]]



comply. (Rules for collection of overdue premiums, including assessment 

of interest and offset against FFP due the State, are those set forth in 

the Notice published on September 30, 1985 at 50 FR 39784.)