Current through September 30, 2024
Section 488.456 - Termination of provider agreement(a)Effect of termination. Termination of the provider agreement ends- (1) Payment to the facility; and(2) Any alternative remedy.(b)Basis for termination.(1) CMS and the State may terminate a facility's provider agreement if a facility- (i) Is not in substantial compliance with the requirements of participation, regardless of whether or not immediate jeopardy is present; or(ii) Fails to submit an acceptable plan of correction within the timeframe specified by CMS or the State.(2) CMS and the State terminate a facility's provider agreement if a facility- (i) Fails to relinquish control to the temporary manager, if that remedy is imposed by CMS or the State; or(ii) Does not meet the eligibility criteria for continuation of payment as set forth in § 488.412(a)(1) .(c)Notice of termination. Before terminating a provider agreement, CMS does and the State must notify the facility and the public-(1) At least 2 calendar days before the effective date of termination for a facility with immediate jeopardy deficiencies; and(2) At least 15 calendar days before the effective date of termination for a facility with non-immediate jeopardy deficiencies that constitute noncompliance.(d)Procedures for termination.(1) CMS terminates the provider agreement in accordance with procedures set forth in § 489.53 of this chapter; and(2) The State must terminate the provider agreement of a NF in accordance with procedures specified in parts 431 and 442 of this chapter.