[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: 42CFR489.68] [Page 959] 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 F_Surety Bond Requirements for HHAs Sec. 489.68 Effect of failure to obtain, maintain, and timely file a surety bond. (a) The failure of a participating HHA to obtain, file timely, and maintain a surety bond in accordance with this subpart F and CMS's instructions is sufficient under Sec. 489.53(a)(1) for CMS to terminate the HHA's provider agreement. (b) The failure of an HHA seeking to become a participating HHA to obtain and file timely a surety bond in accordance with this Subpart F and CMS's instructions is sufficient under Sec. 489.12(a)(3) for CMS to refuse to enter into a provider agreement with the HHA.