[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]