42 CFR §421.126
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)Termination by intermediary. An intermediary may terminate its agreement at any time by—
- (1)Giving written notice of its intention to CMS and to the providers it services at least 180 days before its intended termination date; and
- (2)Giving public notice of its intention by publishing a statement of the effective date of termination at least 60 days before that date. Publication must be in a newspaper of general circulation in each community served by the intermediary.
- (b)Termination by the Secretary, and right of appeal.
- (1)The Secretary may terminate an agreement if—
- (i)The intermediary fails to comply with the requirements of this subpart;
- (ii)The intermediary fails to meet the criteria or standards specified in §§ 421.120 and 421.122; or
- (iii)CMS has reassigned, under § 421.114 or § 421.116, all of the providers assigned to the intermediary.
- (2)If the Secretary decides to terminate an agreement, he or she will offer the intermediary an opportunity for a hearing, in accordance with § 421.128.
- (3)If the intermediary does not request a hearing, or if the hearing decision affirms the Secretary's decision, the Secretary will provide reasonable notice of the effective date of termination to—
- (4)The providers served by the intermediary will be given the opportunity to nominate another intermediary, in accordance with § 421.104.
- (1)The Secretary may terminate an agreement if—