42 CFR § 489.62 - Requirement waived for Government-operated HHAs.
---
identifier: "/us/cfr/t42/s489.62"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 489.62 - Requirement waived for Government-operated HHAs."
title_number: 42
title_name: "Public Health"
section_number: "489.62"
section_name: "Requirement waived for Government-operated HHAs."
chapter_name: "CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "G"
subchapter_name: "STANDARDS AND CERTIFICATION"
part_number: "489"
part_name: "PROVIDER AGREEMENTS AND SUPPLIER APPROVAL"
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, 1395i-3, 1395x, 1395aa(m), 1395cc, 1395ff, and 1395hh."
regulatory_source: "45 FR 22937, Apr. 4, 1980, unless otherwise noted."
cfr_part: "489"
---
# 489.62 Requirement waived for Government-operated HHAs.
An HHA operated by a Federal, State, local, or tribal government agency is deemed to have provided CMS with a comparable surety bond under State law, and CMS therefore waives the requirements of this subpart with respect to such an HHA if, during the preceding 5 years the HHA has—
(a) Not had any unpaid claims or unpaid civil money penalties or assessments; and
(b) Not had any of its claims referred by CMS to the Department of Justice or the General Accounting Office in accordance with part 401 of this chapter.
[63 FR 313, Jan. 5, 1998, as amended at 63 FR 29655, June 1, 1998]