StacksVerified U.S. regulatory reference

42 CFR §488.456

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov
  1. (a)Effect of termination. Termination of the provider agreement ends—
    1. (1)Payment to the facility; and
    2. (2)Any alternative remedy.
  2. (b)Basis for termination.
    1. (1)CMS and the State may terminate a facility's provider agreement if a facility—
      1. (i)Is not in substantial compliance with the requirements of participation, regardless of whether or not immediate jeopardy is present; or
      2. (ii)Fails to submit an acceptable plan of correction within the timeframe specified by CMS or the State.
    2. (2)CMS and the State terminate a facility's provider agreement if a facility—
      1. (i)Fails to relinquish control to the temporary manager, if that remedy is imposed by CMS or the State; or
      2. (ii)Does not meet the eligibility criteria for continuation of payment as set forth in § 488.412(a)(1).
  3. (c)Notice of termination. Before terminating a provider agreement, CMS does and the State must notify the facility and the public—
    1. (1)At least 2 calendar days before the effective date of termination for a facility with immediate jeopardy deficiencies; and
    2. (2)At least 15 calendar days before the effective date of termination for a facility with non-immediate jeopardy deficiencies that constitute noncompliance.
  4. (d)Procedures for termination.
    1. (1)CMS terminates the provider agreement in accordance with procedures set forth in § 489.53 of this chapter; and
    2. (2)The State must terminate the provider agreement of a NF in accordance with procedures specified in parts 431 and 442 of this chapter.