(a) Effect of termination by CMS. Termination of the provider agreement ends—
- (1) Payment to the HHA; and
- (2) Any alternative sanction(s).
(b) Basis for termination. CMS terminates an HHA's provider agreement under any one of the following conditions—
- (1) The HHA is not in compliance with the conditions of participation.
- (2) The HHA fails to submit an acceptable plan of correction within the timeframe specified by CMS.
- (3) The HHA fails to relinquish control to the temporary manager, if that sanction is imposed by CMS.
- (4) The HHA fails to meet the eligibility criteria for continuation of payment as set forth in § 488.860(a)(1).
- (c) Notice. CMS notifies the HHA and the public of the termination, in accordance with procedures set forth in § 489.53 of this chapter.
- (d) Procedures for termination. CMS terminates the provider agreement in accordance with procedures set forth in § 489.53 of this chapter.
- (e) Appeal. An HHA may appeal the termination of its provider agreement by CMS in accordance with part 498 of this chapter.