42 C.F.R. § 488.456 Termination of provider agreement.
Title 42 - Public Health
(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.
Title 42: Public Health
PART 488—SURVEY, CERTIFICATION, AND ENFORCEMENT PROCEDURES
Subpart F—Enforcement of Compliance for Long-Term Care Facilities with Deficiencies
§ 488.456 Termination of provider agreement.