State Operations Manual (Pub. 100-07), Ch. 2 § 2812
OPO Designation Requirements
2812 - OPO Designation Requirements
(Rev. 111, Issued: 04-11-14, Effective: 04-11-14, Implemetation: 04-11-14)
An OPO must be designated by CMS and must enter into an agreement with CMS in order
for the OPO to be reimbursed under Medicare and Medicaid for the costs of organ
procurement.
42 CFR 486.306(b) and (c) details the requirements that an OPO must meet for service
area designation, service area location, and characteristics.
42 CFR 486.308 specifies that CMS designates only one OPO per service area and that
the service area is only open for competition after the OPO designated for that area is de-
certified and all administrative appeals have been completed under §486.314, or the OPO
voluntarily withdraws from the program. A designated OPO may only change its service
area boundaries as a result of a merger or consolidation with another OPO after advance
approval by CMS as noted in §486.310 (a). An OPO must compete for an entire service
area according to §486.316(c)(3).
An OPO is normally designated for a 4-year agreement cycle. In the case of a voluntary
termination of its agreement, CMS will open the service area for competition to fill the
remaining term of the 4-year agreement cycle. A designation period may be longer than
the 4-year agreement cycle in instances where CMS requires a longer period of time to
select a successor to an OPO that has been de-certified or has voluntarily terminated.