[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: 42CFR498.4] [Page 1092-1093] TITLE 42--PUBLIC HEALTH CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) PART 498_APPEALS PROCEDURES FOR DETERMINATIONS THAT AFFECT PARTICIPATION IN THE MEDICARE PROGRAM AND FOR DETERMINATIONS THAT AFFECT THE PARTICIPATION OF ICFs/MR AND CERTAIN NFs IN THE MEDICAID PROGRAM--Table of Contents Subpart A_General Provisions Sec. 498.4 NFs subject to appeals process in part 498. A NF is considered a provider for purposes of this part when it has in effect an agreement to participate in Medicaid, including an agreement to participate in both Medicaid and Medicare and it is a-- [[Page 1093]] (a) State-operated NF; or (b) Non State-operated NF that is subject to compliance action as a result of-- (1) A validation survey by CMS; or (2) CMS's review of the State's survey findings. [59 FR 56252, Nov. 10, 1994]