42 CFR § 422.370 - Waiver of State licensure.
---
identifier: "/us/cfr/t42/s422.370"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 422.370 - Waiver of State licensure."
title_number: 42
title_name: "Public Health"
section_number: "422.370"
section_name: "Waiver of State licensure."
chapter_name: "CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "B"
subchapter_name: "MEDICARE PROGRAM"
part_number: "422"
part_name: "MEDICARE ADVANTAGE PROGRAM"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 1302, 1306, 1395w-21 through 1395w-28, and 1395hh."
regulatory_source: "63 FR 18134, Apr. 14, 1998, unless otherwise noted."
cfr_part: "422"
---
# 422.370 Waiver of State licensure.
For an organization that seeks to contract to offer an MA plan under this subpart, CMS may waive the State licensure requirement of section 1855(a)(1) of the Act if—
(a) The organization requests a waiver no later than November 1, 2002; and
(b) CMS determines there is a basis for a waiver under § 422.372.
[63 FR 25376, May 7, 1998, as amended at 63 FR 35098, June 26, 1998]