§ 417.801 Agreements between CMS and health care prepayment plans. ( a ) *General requirement.* ( 1 ) In order to participate and receive payment under the Medicare program as an HCPP as defined in § 417.800, an organization must enter into a written agreement with CMS.
( 2 ) An existing group practice prepayment plan (GPPP) that continues as an HCPP under this subpart U must have entered into a written agreement with CMS within 60 days of January 31, 1983.
( b ) *Terms.* The agreement must provide that the HCPP agrees to— ( 1 ) Maintain compliance with the requirements for participation and reimbursement on a reasonable cost basis of HCPPs as specified in § 417.800;
( 2 ) Not charge the Medicare enrollee or any other person for items or services for which that enrollee is entitled to have payment made under the provisions of this part, except for any deductible or coinsurance amounts for which the enrollee is liable;
( 3 ) Refund, as promptly as possible, any money incorrectly collected as charges or premiums, or in any other way from Medicare enrollees in the HCPP in accordance with the requirements specified in § 417.456;
( 4 ) Not impose any limitations on the acceptance of Medicare enrollees or beneficiaries for care and treatment that it does not impose on all other individuals;
( 5 ) Meet the advance directives requirements specified in § 417.436(d) of this part;
( 6 ) Establish administrative review procedures in accordance with §§ 417.830 through 417.840 for Medicare enrollees who are dissatisfied with denied services or claims; and
( 7 ) Consider any additional requirements that CMS finds necessary or desirable for efficient and effective program administration.
( c ) *Duration of agreement.* Except for the term of the initial agreement, the agreement is for a term of one year and may be renewed annually by mutual consent. The term of the initial agreement is set by CMS.
( d ) *Termination or nonrenewal of agreement by CMS.* ( 1 ) CMS may terminate or not renew an agreement if it determines that— ( i ) The HCPP no longer meets the requirements for participation and reimbursement as an HCPP as specified in § 417.800;
( ii ) The HCPP is not in substantial compliance with the provisions of the agreement, applicable CMS regulations, or applicable provisions of the Medicare law. This includes, but is not limited to, the following: ( A ) Failure to provide for and document adequate access to providers.
( B ) Failure to comply with CMS requirements concerning provision of data and maintenance of records.
( C ) Failure to comply with financial requirements specified at § 417.806; or
( iii ) The HCPP undergoes a change in ownership as specified in subpart M of this part.
( 2 ) CMS will give notice of termination or nonrenewal to the HCPP at least 90 days before the effective date stated in the notice.
( e ) *Termination or nonrenewal of agreement by HCPP.* ( 1 ) If an HCPP does not wish to renew its agreement at the end of the term, it must give written notice to CMS at least 90 days before the end of the term of the agreement. If an HCPP wishes to terminate its agreement before the end of the term, it must file a written notice with CMS stating the intended effective date of termination.
( 2 ) CMS may approve the termination date proposed by the HCPP, or set a different date no later than 6 months after that date. CMS makes this decision based on a finding that termination on a specific date would not— ( i ) Unduly disrupt the furnishing of services to the community serviced by the HCPP; or
( ii ) Otherwise interfere with the efficient administration of the Medicare program.
[50 FR 1375, Jan. 10, 1985, as amended at 57 FR 8202, Mar. 6, 1992; 58 FR 38081, July 15, 1993; 59 FR 49843, Sept. 30, 1994; 59 FR 59943, Nov. 21, 1994; 77 FR 22166, Apr. 12, 2012]