# 416.30 Terms of agreement with CMS.
As part of the agreement under § 416.26 the ASC must agree to the following:
(a) *Compliance with coverage conditions.* The ASC agrees to meet the conditions for coverage specified in subpart C of this part and to report promptly to CMS any failure to do so.
(b) *Limitation on charges to beneficiaries.*
<sup>1</sup>
[^] The ASC agrees to charge the beneficiary or any other person only the applicable deductible and coinsurance amounts for facility services for which the beneficiary—
<sup>1</sup> For facility services furnished before July 1987, the ASC had to agree to make no charge to the beneficiary, since those services were not subject to the part B deductible and coinsurance provisions.
(1) Is entitled to have payment made on his or her behalf under this part; or
(2) Would have been so entitled if the ASC had filed a request for payment in accordance with § 410.165 of this chapter.
(c) *Refunds to beneficiaries.* (1) The ASC agrees to refund as promptly as possible any money incorrectly collected from beneficiaries or from someone on their behalf.
(2) As used in this section, *money incorrectly collected* means sums collected in excess of those specified in paragraph (b) of this section. It includes amounts collected for a period of time when the beneficiary was believed not to be entitled to Medicare benefits if—
(i) The beneficiary is later determined to have been entitled to Medicare benefits; and
(ii) The beneficiary's entitlement period falls within the time the ASC's agreement with CMS is in effect.
(d) *Furnishing information.* The ASC agrees to furnish to CMS, if requested, information necessary to establish payment rates specified in §§ 416.120-416.130 in the form and manner that CMS requires.
(e) *Acceptance of assignment.* The ASC agrees to accept assignment for all facility services furnished in connection with covered surgical procedures. For purposes of this section, assignment means an assignment under § 424.55 of this chapter of the right to receive payment under Medicare Part B and payment under § 424.64 of this chapter (when an individual dies before assigning the claim).
(f) *ASCs operated by a hopsital.* In an ASC operated by a hospital—
(1) The agreement is made effective on the first day of the next Medicare cost reporting period of the hospital that operates the ASC; and
(2) The ASC participates and is paid only as an ASC.
(3) Costs for the ASC are treated as a non-reimbursable cost center on the hopsital's cost report.
(g) *Additional provisions.* The agreement may contain any additional provisions that CMS finds necessary or desirable for the efficient and effective administration of the Medicare program.
[47 FR 34094, Aug. 5, 1982, as amended at 51 FR 41351, Nov. 14, 1986; 56 FR 8844, Mar. 1, 1991; 74 FR 60680, Nov. 20, 2009]