[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: 42CFR489.12]



[Page 936]

 

                         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. 489.12  Decision to deny an agreement.



    (a) Bases for denial. CMS may refuse to enter into an agreement for 

any of the following reasons:

    (1) Principals of the prospective provider have been convicted of 

fraud (see Sec. 420.204 of this chapter);

    (2) The prospective provider has failed to disclose ownership and 

control interests in accordance with Sec. 420.206 of this chapter; or

    (3) The prospective provider is unable to give satisfactory 

assurance of compliance with the requirements of title XVIII of the Act.

    (b) [Reserved]

    (c) Compliance with civil rights requirements. CMS will not enter 

into a provider agreement if the provider fails to comply with civil 

rights requirements set forth in 45 CFR parts 80, 84, and 90, subject to 

the provisions of Sec. 489.10.



[45 FR 22937, Apr. 4, 1980, as amended at 51 FR 34833, Sept. 30, 1986; 

54 FR 4027, Jan. 27. 1989; 59 FR 6578, Feb. 11, 1994; 59 FR 56251, Nov. 

10, 1994]