42 CFR §417.410

1. (a)Basic requirement. In order to qualify for a contract with CMS under this subpart, an HMO or CMP must demonstrate its ability to enroll Medicare beneficiaries and other individuals and groups and to deliver a specified comprehensive range of high quality services efficiently, effectively, and economically to its Medicare enrollees.
2. (b)Other qualifying conditions. An HMO or CMP must meet qualifying conditions that pertain to operating experience, enrollment, range of services, furnishing of services, and a quality assurance program.
3. (c)Standards. Generally, each qualifying condition is interpreted by a series of standards that are used in surveying an HMO or CMP to determine its qualifications for a Medicare contract.
4. (d)Application of standards. Application of the standards enables the surveyor to determine—
   1. (1)The HMO's or CMP's activities;
   2. (2)The extent to which the HMO or CMP complies with each condition;
   3. (3)The nature and extent of any deficiencies; and
   4. (4)The need for improvement if CMS should enter into a contract with the HMO or CMP.
5. (e)Requirements for a risk contract. An HMO or CMP may enter into a risk contract with CMS if it—
   1. (1)Meets all the applicable requirements in the statute and regulations;
   2. (2)Has at least 5,000 enrollees or 1,500 enrollees if it serves a primarily rural area as defined in § 417.413(b)(3);
   3. (3)Has at least 75 Medicare enrollees or has an acceptable plan to achieve this Medicare membership within 2 years;
   4. (4)Satisfies CMS that it can bear the potential losses of a risk contract; and
   5. (5)Has not previously terminated or failed to renew a risk contract within the preceding 5 years, unless CMS determines that circumstances warrant special consideration.
6. (f)Requirements for a reasonable cost sontract. An HMO or CMP may enter into a reasonable cost contract if it meets one of the following:
   1. (1)The HMO or CMP qualifies for a risk contract, but chooses a reasonable cost contract.
   2. (2)The HMO or CMP meets the conditions for entering into a risk contract specified in paragraph (e) of this section except that CMS does not judge the HMO or CMP capable of bearing the potential losses of a risk contract.
7. (g)Regulations on reasonable cost and risk reimbursement are set forth in subparts O and P of this part.