42 CFR § 421.202 - Requirements and conditions.

---
identifier: "/us/cfr/t42/s421.202"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 421.202 - Requirements and conditions."
title_number: 42
title_name: "Public Health"
section_number: "421.202"
section_name: "Requirements and conditions."
chapter_name: "CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "B"
subchapter_name: "MEDICARE PROGRAM"
part_number: "421"
part_name: "MEDICARE CONTRACTING"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 1302 and 1395hh."
regulatory_source: "45 FR 42179, June 23, 1980, unless otherwise noted."
cfr_part: "421"
---


# 421.202 Requirements and conditions.

Before entering into or renewing a carrier contract, CMS determines that the carrier—

(a) Has the capacity to perform its contractual responsibilities effectively and efficiently;

(b) Has the financial responsibility and legal authority necessary to carry out its responsibilities; and

(c) Will be able to meet any other requirements CMS considers pertinent, and, if designated a regional DMEPOS carrier, any special requirements for regional carriers under § 421.210 of this subpart.

[45 FR 42179, June 23, 1980, as amended at 57 FR 27307, June 18, 1992]