[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: 42CFR489.71]



[Page 960]

 

                         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. 489.71  Surety's standing to appeal Medicare determinations.



    A Surety has standing to appeal any matter that the HHA could 

appeal, provided the Surety satisfies all jurisdictional and procedural 

requirements that would otherwise have applied to the HHA, and provided 

the HHA is not, itself, actively pursuing its appeal rights under this 

chapter, and provided further that, with respect to unpaid claims, the 

Surety has paid CMS all amounts owed to CMS by the HHA on such unpaid 

claims, up to the amount of the bond.



[63 FR 29656, June 1, 1998]