(a) Facilities not certified under § 124.513, § 124.514, § 124.515, § 124.516, or § 124.517. Where a facility, other than a facility certified under § 124.513, § 124.514, § 124.515, § 124.516, or § 124.517, has maintained the records required by § 124.510(a) and determines based thereon that it has met its annual compliance level for the fiscal year or the appropriate level for the period specified in its allocation plan, it may, for the remainder of that year or period:
(1) Cease providing uncompensated services;
(2) Cease providing individual notices in accordance with § 124.504(c);
(3) Remove the posted notices required by § 124.504(b); and
(4) Post an additional notice stating that it has satisfied its obligation for the fiscal year or appropriate period and when additional uncompensated services will be available.
(b) Facilities certified under § 124.514. Where a facility certified under § 124.514 has maintained the records required by § 124.510(c) and determines based thereon that it has met its compliance level, under § 124.514(d), for the fiscal year, it may, for the remainder of the fiscal year:
(1) Cease providing uncompensated services; and
(2) Discontinue providing notice pursuant to § 124.514(b)(2).
[52 FR 46031, Dec. 3, 1987, as amended at 59 FR 44639, Aug. 30, 1994; 66 FR 49266, Sept. 26, 2001]
Notes of Decisions
Flagstaff Med. Ctr., Inc. v. Sullivan, 773 F. Supp. 1325 (D. Ariz. 1991).
“42 C.F.R. § 124.508 (a) (1979). According to the preamble of the finalized regulations, “[c]lear recordkeeping requirements are .”
Flagstaff Med. Ctr., Inc. v. Sullivan, 962 F.2d 879 (9th Cir. 1992).
“Although the two-day rule is codified in the 1979 regulations, see 42 C.F.R. 124.508(a) (1979), the enforcement consequences for violating the rule are not.”
Flagstaff Med. Ctr., Inc. v. Louis W. Sullivan, Sec'y, Dep't of Health & Human Servs., Elizabeth Mazon, Leon Salazar, Jack Sabo, Maria Sandoval, Ruth Havatone, Quade Uqualla, & Aurora Petty, Individually & on Behalf of All Other Persons Similarly Situated v. Flagstaff Health Mgmt. Corp. Flagstaff Med. Ctr., Inc. Louis W. Sullivan, Sec'y, Dep't of Health & Human Servs., 962 F.2d 879 (9th Cir. 1992).
“Although the two-day rule is codified in the 1979 regulations, see 42 C.F.R. 124.508(a) (1979), the enforcement consequences for violating the rule are not.”
Creditors Prot. Ass'n v. Flack, 763 P.2d 756 (Or. Ct. App. 1988).
“Although hospital was permitted to “require the applicants] to furnish any information that [was] reasonably necessary to substantiate the applicant^’] incomef,]” 42 CFR § 124.508 (d) (1986), verification of Mr.”
— 42 C.F.R. § 124.508(a) — 2 cases
Flagstaff Med. Ctr., Inc. v. Sullivan, 962 F.2d 879 (9th Cir. 1992).
“Although the two-day rule is codified in the 1979 regulations, see 42 C.F.R. 124.508(a) (1979), the enforcement consequences for violating the rule are not.”
Flagstaff Med. Ctr., Inc. v. Louis W. Sullivan, Sec'y, Dep't of Health & Human Servs., Elizabeth Mazon, Leon Salazar, Jack Sabo, Maria Sandoval, Ruth Havatone, Quade Uqualla, & Aurora Petty, Individually & on Behalf of All Other Persons Similarly Situated v. Flagstaff Health Mgmt. Corp. Flagstaff Med. Ctr., Inc. Louis W. Sullivan, Sec'y, Dep't of Health & Human Servs., 962 F.2d 879 (9th Cir. 1992).
“Although the two-day rule is codified in the 1979 regulations, see 42 C.F.R. 124.508(a) (1979), the enforcement consequences for violating the rule are not.”
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