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 E—Termination of Agreement and Reinstatement After Termination

42 C.F.R. § 489.52

Termination by the provider

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(a) Notice to CMS. (1) A provider that wishes to terminate its agreement, except for a SNF as specified in paragraph (a)(2) of this section, must send CMS written notice of its intention in accordance with paragraph (a)(3) of this section.

(2) A SNF that wishes to terminate its agreement due to closure of the facility must send CMS written notice of its intention at least 60 days prior to the date of closure, as required at § 483.70(l) of this chapter.

(3) The notice may state the intended date of termination which must be the first day of the month.

(b) Termination date. (1) If the notice does not specify a date, or the date is not acceptable to CMS, CMS may set a date that will not be more than 6 months from the date on the provider's notice of intent.

(2) CMS may accept a termination date that is less than 6 months after the date on the provider's notice if it determines that to do so would not unduly disrupt services to the community or otherwise interfere with the effective and efficient administration of the Medicare program.

(3) A cessation of business is deemed to be a termination by the provider, effective with the date on which it stopped providing services to the community.

(4) A provider may request a retroactive termination date if no Medicare beneficiary received services from the facility on or after the requested termination date.

(c) Public notice. (1) The provider must give notice to the public at least 15 days before the effective date of termination.

(2) The notice must—

(i) Specify the termination date; and

(ii) Explain to what extent services may continue after that date, in accordance with the exceptions set forth in § 489.55.

[45 FR 22937, Apr. 4, 1980, as amended at 76 FR 9512, Feb. 18, 2011; 81 FR 68872, Oct. 4, 2016; 82 FR 38516, Aug. 14, 2017; 88 FR 77880, Nov. 13, 2023]
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1990–2025 · leading case: Parkview Adventist Med. Ctr. v. United States Ex Rel. Dep't of Health & Human Servs., 842 F.3d 757 (1st Cir. 2016).
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Parkview Adventist Med. Ctr. v. United States Ex Rel. Dep't of Health & Human Servs., 842 F.3d 757 (1st Cir. 2016). · cites it 2× “See' 42 C.F.R. § 489.52 (b)(1). According to the information reviewed by CMS, the hospital has closed its inpatient care services on June 18, 2015, and discharged all inpatients on or about 4:00pm on June 18, 2015.”
BR Healthcare Solutions, LLC (Bankr. W.D. Tex. 2021). · cites it 3× “” 42 C.F.R. § 489.52 (b)(3). Sanjeev Bhatia, M.”
In re: Prospect Med. Holdings, Inc., et al. v. Robert F. Kennedy, Jr., in his Off. capacity as Sec'y, United States Dep't of Health & Human Servs.; & Mehmet Oz, in his Off. capacity as Adm'r, Ctr. for Medicare & Medicaid Servs. (Bankr. N.D. Tex. 2025). “§ 1395cc(b)(2) (“The Secretary may refuse to enter into an agreement under this section or, upon such reasonable notice to the provider and the public as may be specified in regulations, may refuse to renew or may terminate such an agreement.”
In Re Vitalsigns Homecare, Inc., 428 B.R. 14 (Bankr. D. Mass. 2010). “At the hearing, HHS argued that the Medicare Provider Number had terminated automatically pursuant to 42 C.F.R. § 489.52 (b)(2) when the Debtor ceased operations, a position inconsistent with that set forth in the Status Report.”
Samaritan Health Serv. v. Sullivan, 898 F.2d 156 (9th Cir. 1990). “18(c), or automatically terminated due to a "cessation of business," 42 C.F.R. 489.52(b)(3), is the issue Samaritan wants decided.”
— 42 C.F.R. § 489.52(b)(3) — 1 case
Samaritan Health Serv. v. Sullivan, 898 F.2d 156 (9th Cir. 1990). “18(c), or automatically terminated due to a "cessation of business," 42 C.F.R. 489.52(b)(3), is the issue Samaritan wants decided.”
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