§ 434.72 - Effect of a final determination that a provisional status HMO is not an HMO.

Link to an amendment published at 66 FR 6404, Jan. 19, 2001. This amendment was delayed until June 18, 2001, at 66 FR 11546, Feb. 26, 2001. This amendment was delayed until Aug. 17, 2001 at 66 FR 32776, June 18, 2001. This amendment was delayed until Aug. 16, 2002 at 66 FR 43090, Aug. 17, 2001.

(a) FFP is available in expenditures for payments to a provisional status HMO until the Public Health Service reaches a final determination that it is not a federally qualified HMO.

(b) The Public Health Service's determination that the entity with provisional status is not an HMO is not considered final until—

(1) All administrative, but not judicial, appeal procedures are exhausted; or

(2) The time for requesting administrative review has lapsed without a request from the HMO.

Effective Date Note:

At 66 FR 6404, Jan. 19, 2001, § 434.72 was removed, effective April 19, 2001. At 66 FR 11546, Feb. 26, 2001 the effective date was delayed until June 18, 2001, at 66 FR 32776, June 18, 2001 it was furthered delayed until Aug. 17, 2001, and at 66 FR 43090, Aug. 17, 2001 it was furthered delayed until Aug. 16, 2002.