[Code of Federal Regulations]

[Title 42, Volume 3]

[Revised as of October 1, 2005]

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

[CITE: 42CFR489.10]



[Page 935]

 

                         TITLE 42--PUBLIC HEALTH

 

  CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF 

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 489_PROVIDER AGREEMENTS AND SUPPLIER APPROVAL--Table of Contents

 

                      Subpart A_General Provisions

 

Sec. 489.10  Basic requirements.



    (a) Any of the providers specified in Sec. 489.2 may request 

participation in Medicare. In order to be accepted, it must meet the 

conditions of participation or requirements (for SNFs) set forth in this 

section and elsewhere in this chapter. The RNHCIs must meet the 

conditions for coverage, conditions for participation and the 

requirements set forth in this section and elsewhere in this chapter.

    (b) In order to participate in the Medicare program, the provider 

must meet the applicable civil rights requirements of:

    (1) Title VI of the Civil Rights Act of 1964, as implemented by 45 

CFR part 80, which provides that no person in the United States shall, 

on the ground of race, color, or national origin, be excluded from 

participation in, be denied the benefits of, or be subject to 

discrimination under, any program or activity receiving Federal 

financial assistance (section 601);

    (2) Section 504 of the Rehabilitation Act of 1973, as implemented by 

45 CFR part 84, which provides that no qualified handicapped person 

shall, on the basis of handicap, be excluded from participation in, be 

denied the benefits of, or otherwise be subject to discrimination under 

any program or activity receiving Federal financial assistance;

    (3) The Age Discrimination Act of 1975, as implemented by 45 CFR 

part 90, which is designed to prohibit discrimination on the basis of 

age in programs or activities receiving Federal financial assistance. 

The Age Discrimination Act also permits federally assisted programs and 

activities, and recipients of Federal funds, to continue to use certain 

age distinctions, and factors other than age, that meet the requirements 

of the Age Discrimination Act and 45 CFR part 90; and

    (4) Other pertinent requirements of the Office of Civil Rights of 

HHS.

    (c) In order for a hospital, SNF, HHA, hospice, or RNHCI to be 

accepted, it must also meet the advance directives requirements 

specified in subpart I of this part.

    (d) The State survey agency will ascertain whether the provider 

meets the conditions of participation or requirements (for SNFs) and 

make its recommendations to CMS.

    (e) In order for a home health agency to be accepted, it must also 

meet the surety bond requirements specified in subpart F of this part.

    (f) In order for a home health agency to be accepted as a new 

provider, it must also meet the capitalization requirements specified in 

subpart B of this part.



[58 FR 61843, Nov. 23, 1993, as amended at 59 FR 6578, Feb. 11, 1994; 63 

FR 312, Jan. 5, 1998; 68 FR 66720, Nov. 28, 2003]



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