State Operations Manual (Pub. 100-07), Ch. 2 § 2818
Involuntary Termination and Non-renewal of an Agreement:
2818 - Involuntary Termination and Non-renewal of an Agreement:
(Rev. 111, Issued: 04-11-14, Effective: 04-11-14, Implemetation: 04-11-14)
During the term of an OPO agreement, CMS may terminate an agreement with an OPO at
any time the OPO no longer meets the requirements for certification at 42 CFR 486.303.
Additionally, CMS will not voluntarily renew its agreement with an OPO if the OPO fails
to meet the requirements for certification at §486.318, based on findings from the most
recent re-certification cycle, or the other requirements for certification at §486.303. If
CMS determines that the OPO is out of compliance with one or more Conditions for
Coverage and the OPO does not implement an approved plan of correction that re-
establishes compliance prior to the end of a designated period of time, CMS will begin the
process of de-certification. CMS may also immediately terminate an agreement in cases
of urgent need as defined in 42 CFR 486.302. CMS will decertify the OPO as of the
effective date of the involuntary termination or as of the ending date of the agreement in
the case of non-renewals.
* See also 2812.3 Open Competition
Except in cases of urgent need, CMS will give the OPO written notice of the intent to de-
certify at least 90 days before the effective date of de-certification. CMS provides public
notice of the effective date of de-certification in local newspapers in the OPO’s service
area. The notice will state the reasons for de-certification and the effective date. No
further payments under Title XVIII or XIX of the Act will be made with respect to costs
attributable to the OPO on or after the effective date of the de-certification. In cases of
urgent need, follow the procedures found in Appendix Q: Immediate Jeopardy.