42 CFR § 488.456 - Termination of provider agreement.
---
identifier: "/us/cfr/t42/s488.456"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 488.456 - Termination of provider agreement."
title_number: 42
title_name: "Public Health"
section_number: "488.456"
section_name: "Termination of provider agreement."
chapter_name: "CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "G"
subchapter_name: "STANDARDS AND CERTIFICATION"
part_number: "488"
part_name: "SURVEY, CERTIFICATION, AND ENFORCEMENT PROCEDURES"
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 and 1395hh."
regulatory_source: "53 FR 22859, June 17, 1988, unless otherwise noted."
cfr_part: "488"
---
# 488.456 Termination of provider agreement.
(a) *Effect of termination.* Termination of the provider agreement ends—
(1) Payment to the facility; and
(2) Any alternative remedy.
(b) *Basis for termination.* (1) CMS and the State may terminate a facility's provider agreement if a facility—
(i) Is not in substantial compliance with the requirements of participation, regardless of whether or not immediate jeopardy is present; or
(ii) Fails to submit an acceptable plan of correction within the timeframe specified by CMS or the State.
(2) CMS and the State terminate a facility's provider agreement if a facility—
(i) Fails to relinquish control to the temporary manager, if that remedy is imposed by CMS or the State; or
(ii) Does not meet the eligibility criteria for continuation of payment as set forth in § 488.412(a)(1).
(c) *Notice of termination.* Before terminating a provider agreement, CMS does and the State must notify the facility and the public—
(1) At least 2 calendar days before the effective date of termination for a facility with immediate jeopardy deficiencies; and
(2) At least 15 calendar days before the effective date of termination for a facility with non-immediate jeopardy deficiencies that constitute noncompliance.
(d) *Procedures for termination.* (1) CMS terminates the provider agreement in accordance with procedures set forth in § 489.53 of this chapter; and
(2) The State must terminate the provider agreement of a NF in accordance with procedures specified in parts 431 and 442 of this chapter.