(a)General rule. An organization is considered a PSO for purposes of a MA contract if the organization—
(1) Has obtained a waiver of State licensure as provided for under § 422.370;
(2) Meets the definition of a PSO set forth in § 422.350 and other applicable requirements of this subpart; and
(3) Is effectively controlled by the provider or, in the case of a group, by one or more of the affiliated providers that established and operate the PSO.
(b)Provision of services. A PSO must demonstrate to CMS's satisfaction that it is capable of delivering to Medicare enrollees the range of services required under a contract with CMS. Each PSO must deliver a substantial proportion of those services directly through the provider or the affiliated providers responsible for operating the PSO. Substantial proportion means—
(1) For a non-rural PSO, not less than 70% of Medicare services covered under the contract.
(2) For a rural PSO, not less than 60% of Medicare services covered under the contract.
(c)Rural PSO. To qualify as a rural PSO, a PSO must—
(1) Demonstrate to CMS that—
(i) It has available in the rural area, as defined in § 412.62(f) of this chapter, routine services including but not limited to primary care, routine specialty care, and emergency services; and
(ii) The level of use of providers outside the rural area is consistent with general referral patterns for the area; and
(2) Enroll Medicare beneficiaries, the majority of which reside in the rural area the PSO serves.