C.F.R. » Title 42 » CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER G—STANDARDS AND CERTIFICATION › PART 488—SURVEY, CERTIFICATION, AND ENFORCEMENT PROCEDURES › Subpart F—Enforcement of Compliance for Long-Term Care Facilities with Deficiencies

42 C.F.R. § 488.426

Transfer of residents, or closure of the facility and transfer of residents

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(a) Transfer of residents, or closure of the facility and transfer of residents in an emergency. In an emergency, the State has the authority to—

(1) Transfer Medicaid and Medicare residents to another facility; or

(2) Close the facility and transfer the Medicaid and Medicare residents to another facility.

(b) Required transfer when a facility's provider agreement is terminated. When the State or CMS terminates a facility's provider agreement, the State will arrange for the safe and orderly transfer of all Medicare and Medicaid residents to another facility, in accordance with § 483.70(l) of this chapter.

(c) Required notifications when a facility's provider agreement is terminated. When the State or CMS terminates a facility's provider agreement, CMS determines the appropriate date for notification, in accordance with § 483.70(l) of this chapter.

[59 FR 56243, Nov. 10, 1994; 60 FR 50119, Sept. 28, 1995, as amended at 76 FR 9511, Feb. 18, 2011; 81 FR 68872, Oct. 4, 2016]
Notes of Decisions
Cited in 1 case, 2011–2011 · leading case: Woodruff v. Indiana Fam. & Soc. Servs. Admin., 947 N.E.2d 934 (Ind. Ct. App. 2011).
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Woodruff v. Indiana Fam. & Soc. Servs. Admin., 947 N.E.2d 934 (Ind. Ct. App. 2011). · cites it 3× “3B of the manual is based on 42 C.F.R. § 488.426 (b), which provides, “When the State or CMS terminates a facility’s provider agreement, the State arranges for the safe and orderly transfer of all Medicare and Medicaid residents to another facility.”
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