C.F.R. » Title 42 » CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER G—STANDARDS AND CERTIFICATION › PART 489—PROVIDER AGREEMENTS AND SUPPLIER APPROVAL › Subpart A—General Provisions

42 C.F.R. § 489.11

Acceptance of a provider as a participant

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(a) Action by CMS. If CMS determines that the provider meets the requirements, it will send the provider—

(1) Written notice of that determination; and

(2) Two copies of the provider agreement.

(b) Action by provider. If the provider wishes to participate, it must return both copies of the agreement, duly signed by an authorized official, to CMS, together with a written statement indicating whether it has been adjudged insolvent or bankrupt in any State or Federal court, or whether any insolvency or bankruptcy actions are pending.

(c) Notice of acceptance. If CMS accepts the agreement, it will return one copy to the provider with a written notice that—

(1) Indicates the dates on which it was signed by the provider's representative and accepted by CMS; and

(2) Specifies the effective date of the agreement.

[45 FR 22937, Apr. 4, 1980, as amended at 59 FR 56251, Nov. 10, 1994; 62 FR 43937, Aug. 18, 1997]
Notes of Decisions
Cited in 2 cases, 1988–2008 · leading case: In Re Vitalsigns Homecare, Inc., 396 B.R. 232 (Bankr. D. Mass. 2008).
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In Re Vitalsigns Homecare, Inc., 396 B.R. 232 (Bankr. D. Mass. 2008). · cites it 3× “42 C.F.R. § 489.11 (a). If the applicant chooses to enroll, it must sign and return both copies of the agreement, along with a written statement regarding past or pending insolvency proceedings.”
Oulton v. Bowen, 674 F. Supp. 429 (W.D.N.Y. 1988). “1907; 42 C.F.R. §§ 489.11 and 489.53. Therefore, compliance with statutory requirements including the hospital conditions of participation afford a facility the opportunity to participation in the Medicare program at the hospital provider level, and failure to comply will result…”
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