42 C.F.R. § 422.505

Effective date and term of contract

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(a) Effective date. The contract is effective on the date specified in the contract between the MA organization and CMS and, for a contract that provides for coverage under an MSA plan, not earlier than January 1999.

(b) Term of contract. Each contract is for a period of at least 12 months.

(c) Renewal of contract. In accordance with 422.506, contracts are renewed annually only if the MA organization has not provided CMS with a notice of intention not to renew and CMS has not provided the MA organization with a notice of intention not to renew.

(d) Renewal of contract contingent on reaching agreement on the bid. Although an MA organization may be determined qualified to renew its contract under this section, if the organization and CMS cannot reach agreement on the bid under subpart F of this part, no renewal will take place, and the failure to reach an agreement is not subject to the appeals provisions in subpart N of this part.

[63 FR 35099, June 26, 1998, as amended at 65 FR 40328, June 29, 2000. Redesignated at 70 FR 4736, Jan. 28, 2005, as amended at 70 FR 4737, Jan. 28, 2005; 72 FR 68723, Dec. 5, 2007]
Notes of Decisions
Cited in 1 case, 2011–2011 · leading case: Pacificare of Nevada, Inc. v. Rogers, 266 P.3d 596 (Nev. 2011).
Pacificare of Nevada, Inc. v. Rogers, 266 P.3d 596 (Nev. 2011). “See 42 C.F.R. § 422.505 (c). Pursuant to federal law, Medicare enrollees may choose each year to receive benefits from the government-run Medicare plan or from one of the various MA plans offered by private MA Organizations.”
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