[Code of Federal Regulations] [Title 42, Volume 4] [Revised as of October 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 42CFR489.62] [Page 964] TITLE 42--PUBLIC HEALTH CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) PART 489_PROVIDER AGREEMENTS AND SUPPLIER APPROVAL--Table of Contents Subpart F_Surety Bond Requirements for HHAs Sec. 489.62 Requirement waived for Government-operated HHAs. An HHA operated by a Federal, State, local, or tribal government agency is deemed to have provided CMS with a comparable surety bond under State law, and CMS therefore waives the requirements of this subpart with respect to such an HHA if, during the preceding 5 years the HHA has-- (a) Not had any unpaid claims or unpaid civil money penalties or assessments; and (b) Not had any of its claims referred by CMS to the Department of Justice or the General Accounting Office in accordance with part 401 of this chapter. [63 FR 313, Jan. 5, 1998, as amended at 63 FR 29655, June 1, 1998]