(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.