[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR489.18]



[Page 945-946]

 

                         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 A_General Provisions

 

Sec.  489.18  Change of ownership or leasing: Effect on provider 



agreement.



    (a) What constitutes change of ownership--(1) Partnership. In the 

case of a partnership, the removal, addition, or substitution of a 

partner, unless the partners expressly agree otherwise, as permitted by 

applicable State law, constitutes change of ownership.

    (2) Unincorporated sole proprietorship. Transfer of title and 

property to another party constitutes change of ownership.

    (3) Corporation. The merger of the provider corporation into another 

corporation, or the consolidation of two or more corporations, resulting 

in the creation of a new corporation constitutes change of ownership. 

Transfer of corporate stock or the merger of another corporation into 

the provider corporation does not constitute change of ownership.

    (4) Leasing. The lease of all or part of a provider facility 

constitutes change of ownership of the leased portion.

    (b) Notice to CMS. A provider who is contemplating or negotiating a 

change of ownership must notify CMS.

    (c) Assignment of agreement. When there is a change of ownership as 

specified in paragraph (a) of this section, the existing provider 

agreement will automatically be assigned to the new owner.

    (d) Conditions that apply to assigned agreements. An assigned 

agreement is subject to all applicable statutes and regulations and to 

the terms and conditions under which it was originally issued including, 

but not limited to, the following:

    (1) Any existing plan of correction.

    (2) Compliance with applicable health and safety standards.

    (3) Compliance with the ownership and financial interest disclosure 

requirements of part 420, subpart C, of this chapter.



[[Page 946]]



    (4) Compliance with civil rights requirements set forth in 45 CFR 

Parts 80, 84, and 90.

    (e) Effect of leasing. The provider agreement will be assigned to 

the lessee only to the extent of the leased portion of the facility.



[45 FR 22937, Apr. 4, 1980, as amended at 59 FR 56251, Nov. 10, 1994]