C.F.R.
»
Title 42
» CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER B—MEDICARE PROGRAM › PART 405—FEDERAL HEALTH INSURANCE FOR THE AGED AND DISABLED › Subpart U—Conditions for Coverage of Suppliers of End-Stage Renal Disease (ESRD) Services
CMS designated ESRD networks in which the approved ESRD facilities collectively provide the necessary care for ESRD patients.
(a) Effect on patient choice of facility. The designation of networks does not require an ESRD patient to seek care only through the facilities in the designated network where the patient resides, nor does the designation of networks limit patient choice of physicians or facilities, or preclude patient referral by physicians to a facility in another designated network.
(b) Redesignation of networks. CMS will redesignate networks, as needed, to ensure that the designations are consistent with ESRD program experience, consistent with ESRD program objectives specified in § 405.2101, and compatible with efficient program administration.
[51 FR 30361, Aug. 26, 1986]
Notes of Decisions
Bio-Med. v. K.R. Chary (Tenn. Ct. App. 2000).
“-7- In support of their public policy argument, the Defendants also cited 42 C.F.R. § 405.2110 (a)(2000), which states that the federal Health Care Financing Administration’s designation of end-stage renal disease treatment networks does not “limit [a dialysis patient’s] choice…”
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