State Operations Manual (Pub. 100-07), Ch. 3 § 3022
Notice of Termination (Medicare)
3022 - Notice of Termination (Medicare)
(Rev. 1, 05-21-04)
The RO notifies the provider/supplier of its termination by letter at least 15 calendar days
before the effective date of the termination. In the case of a hospital with an emergency
department having deficiencies that pose an immediate jeopardy to the health or safety of
individuals who present themselves to the hospital for emergency services, CMS gives
the hospital a preliminary notice that its provider agreement will be terminated in 23
calendar days if it does not correct the identified deficiencies or refute the finding. CMS
gives a final notice of termination, and concurrent notice to the public, at least 2, but not
more than 4, calendar days before the effective date of termination of the provider
agreement. For skilled nursing facilities (SNFs) and nursing facilities (NFs), CMS gives
notice of termination, and concurrent notice to the public, at least 2 calendar days, one of
which must be a working day, before the effective date of termination of the provider
agreement, for a facility with immediate jeopardy circumstances, and at least 15 calendar
days before the effective date of termination for a facility with nonimmediate jeopardy
deficiencies. (42 CFR 488.456). The notice states the reasons for, and the effective date
of, the termination and explains the extent to which services may continue after that date.
The notice also contains information regarding the provider’s/supplier’s right to appeal
the termination. (See 42 CFR 489.53) The only suppliers requiring public termination
notices are RHCs (42 CFR 405.2404), ASCs (42 CFR 416.35), and FQHCs (42 CFR
405.2442). Public notices for other suppliers are optional at the discretion of the RO.