42 CFR § 489.68 - Effect of failure to obtain, maintain, and timely file a surety bond.

---
identifier: "/us/cfr/t42/s489.68"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 489.68 - Effect of failure to obtain, maintain, and timely file a surety bond."
title_number: 42
title_name: "Public Health"
section_number: "489.68"
section_name: "Effect of failure to obtain, maintain, and timely file a surety bond."
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"
---


# 489.68 Effect of failure to obtain, maintain, and timely file a surety bond.

(a) The failure of a participating HHA to obtain, file timely, and maintain a surety bond in accordance with this subpart F and CMS's instructions is sufficient under § 489.53(a)(1) for CMS to terminate the HHA's provider agreement.

(b) The failure of an HHA seeking to become a participating HHA to obtain and file timely a surety bond in accordance with this Subpart F and CMS's instructions is sufficient under § 489.12(a)(3) for CMS to refuse to enter into a provider agreement with the HHA.