[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: 42CFR489.52]



[Page 952-953]

 

                         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 E_Termination of Agreement and Reinstatement After Termination

 

Sec. 489.52  Termination by the provider.





    (a) Notice to CMS. (1) A provider that wishes to terminate its 

agreement must send CMS written notice of its intent.

    (2) The notice may state the intended date of termination which must 

be the first day of a month.

    (b) Termination date. (1) If the notice does not specify a date, or 

the date is not acceptable to CMS, CMS may set a date that will not be 

more than 6 months from the date on the provider's notice of intent.

    (2) CMS may accept a termination date that is less than 6 months 

after



[[Page 953]]



the date on the provider's notice if it determines that to do so would 

not unduly disrupt services to the community or otherwise interfere with 

the effective and efficient administration of the Medicare program.

    (3) A cessation of business is deemed to be a termination by the 

provider, effective with the date on which it stopped providing services 

to the community.

    (c) Public notice. (1) The provider must give notice to the public 

at least 15 days before the effective date of termination.

    (2) The notice must be published in one or more local newspapers and 

must--

    (i) Specify the termination date; and

    (ii) Explain to what extent services may continue after that date, 

in accordance with the exceptions set forth in Sec. 489.55.