[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: 42CFR489.53] [Page 953-954] 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. 489.53 Termination by CMS. (a) Basis for termination of agreement with any provider. CMS may terminate the agreement with any provider if CMS finds that any of the following failings is attributable to that provider: (1) It is not complying with the provisions of title XVIII and the applicable regulations of this chapter or with the provisions of the agreement. (2) It places restrictions on the persons it will accept for treatment and it fails either to exempt Medicare beneficiaries from those restrictions or to apply them to Medicare beneficiaries the same as to all other persons seeking care. (3) It no longer meets the appropriate conditions of participation or requirements (for SNFs and NFs) set forth elsewhere in this chapter. In the case of an RNHCI no longer meets the conditions for coverage, conditions of participation and requirements set forth elsewhere in this chapter. (4) It fails to furnish information that CMS finds necessary for a determination as to whether payments are or were due under Medicare and the amounts due. (5) It refuses to permit examination of its fiscal or other records by, or on behalf of CMS, as necessary for verification of information furnished as a basis for payment under Medicare. (6) It failed to furnish information on business transactions as required in Sec. 420.205 of this chapter. (7) It failed at the time the agreement was entered into or renewed to disclose information on convicted individuals as required in Sec. 420.204 of this chapter. (8) It failed to furnish ownership information as required in Sec. 420.206 of this chapter. (9) It failed to comply with civil rights requirements set forth in 45 CFR parts 80, 84, and 90. (10) In the case of a hospital or a critical access hospital as defined in section 1861(mm)(1) of the Act that has reason to believe it may have received an individual transferred by another hospital in violation of Sec. 489.24(d), the hospital failed to report the incident to CMS or the State survey agency. (11) In the case of a hospital requested to furnish inpatient services to CHAMPUS or CHAMPVA beneficiaries or to veterans, it failed to comply with Sec. 489.25 or Sec. 489.26, respectively. (12) It failed to furnish the notice of discharge rights as required by Sec. 489.27. (13) It refuses to permit photocopying of any records or other information by, or on behalf of CMS, as necessary to determine or verify compliance with participation requirements. (14) The hospital knowingly and willfully fails to accept, on a repeated basis, an amount that approximates the Medicare rate established under the inpatient hospital prospective payment system, minus any enrollee deductibles or copayments, as payment in full from a fee-for-service FEHB plan for inpatient hospital services provided to a retired Federal enrollee of a fee-for-service FEHB plan, age 65 or older, who does not have Medicare Part A benefits. (b) Termination of agreements with certain hospitals. In the case of a hospital or critical access hospital that has an emergency department, as defined in Sec. 489.24(b), CMS may terminate the provider agreement if-- (1) The hospital fails to comply with the requirements of Sec. 489.24 (a) through [[Page 954]] (e), which require the hospital to examine, treat, or transfer emergency medical condition cases appropriately, and require that hospitals with specialized capabilities or facilities accept an appropriate transfer; or (2) The hospital fails to comply with Sec. 489.20(m), (q), and (r), which require the hospital to report suspected violations of Sec. 489.24(e), to post conspicuously in emergency departments or in a place or places likely to be noticed by all individuals entering the emergency departments, as well as those individuals waiting for examination and treatment in areas other than traditional emergency departments, (that is, entrance, admitting area, waiting room, treatment area), signs specifying rights of individuals under this subpart, to post conspicuously information indicating whether or not the hospital participates in the Medicaid program, and to maintain medical and other records related to transferred individuals for a period of 5 years, a list of on-call physicians for individuals with emergency medical conditions, and a central log on each individual who comes to the emergency department seeking assistance. (c) Notice of termination--(1) Timing: Basic rule. Except as provided in paragraph (c)(2) of this section, CMS gives the provider notice of termination at least 15 days before the effective date of termination of the provider agreement. (2) Timing exceptions: Immediate jeopardy situations--(i) Hospital with emergency department. If CMS finds that a hospital with an emergency department is in violation of Sec. 489.24, paragraphs (a) through (e), and CMS determines that the violation poses immediate jeopardy to the health or safety of individuals who present themselves to the hospital for emergency services, CMS-- (A) Gives the hospital a preliminary notice indicating that its provider agreement will be terminated in 23 days if it does not correct the identified deficiencies or refute the finding; and (B) Gives a final notice of termination, and concurrent notice to the public, at least 2 , but not more than 4, days before the effective date of termination of the provider agreement. (ii) Skilled nursing facilities (SNFs). For an SNF with deficiencies that pose immediate jeopardy to the health or safety of residents, CMS gives notice at least 2 days before the effective date of termination of the provider agreement. (3) Content of notice. The notice states the reasons for, and the effective date of, the termination, and explains the extent to which services may continue after that date, in accordance with Sec. 489.55. (4) Notice to public. CMS concurrently gives notice of the termination to the public. (d) Appeal by the provider. A provider may appeal the termination of its provider agreement by CMS in accordance with part 498 of this chapter. [51 FR 24492, July 3, 1986, as amended at 52 FR 22454, June 12, 1987; 54 FR 5373, Feb. 2, 1989; 56 FR 48879, Sept. 26, 1991; 59 FR 32123, June 22, 1994; 59 FR 56251, Nov. 10, 1994; 60 FR 45851, Sept. 1, 1995; 60 FR 50119, Sept. 28, 1995; 62 FR 43937, Aug. 18, 1997; 62 FR 46037, Aug. 29, 1997; 62 FR 56111, Oct. 29, 1997; 68 FR 66720, Nov. 28, 2003; 69 FR 49272, Aug. 11, 2004]