Code of Federal Regulations Title 42. Public Health § 42.488.452 State and Federal disagreements involving findings not in agreement in non-State operated NFs and dually participating facilities when there is no immediate jeopardy

(i) CMS finds that a NF or a dually participating facility is in substantial compliance with the participation requirements;  and

(ii) The State finds that a NF or dually participating facility has not achieved substantial compliance.

(i) CMS finds that a NF or a dually participating facility has not achieved substantial compliance;  and

(ii) The State finds that a NF or a dually participating facility is in substantial compliance with the participation requirements.

(i) Impose any of the alternative remedies specified in § 488.406;

(ii) Terminate the provider agreement subject to the applicable conditions of § 488.450;  and

(iii) Stop FFP to the State for a NF.

(i) Both CMS and the State find that the facility has not achieved substantial compliance;  and

(ii) CMS, but not the State, finds that the facility's participation should be terminated. CMS will permit continuation of payment during the period prior to the effective date of termination not to exceed 6 months, if the applicable conditions of § 488.450 are met.

(i) The State, but not CMS, finds that a NF's participation should be terminated;  and

(ii) The State's effective date for the termination of the NF's provider agreement is no later than 6 months after the last day of survey.

(i) Both CMS and the State find that a facility has not achieved substantial compliance;  and

(ii) Both CMS and the State find that no immediate jeopardy exists.