42 CFR § 416.35 - Termination of agreement.
(2) Date of termination. The notice may state the intended date of termination which must be the first day of a calendar month.
(ii) CMS may accept a termination date that is less than 6 months after the date on the ASC's notice if it determines that to do so would not unduly disrupt services to the community or otherwise interfere with the effective and efficient administration of the Medicare program.
(3) Voluntary termination. If an ASC ceases to furnish services to the community, that shall be deemed to be a voluntary termination of the agreement by the ASC, effective on the last day of business with Medicare beneficiaries.
(b) Termination by CMS—(1) Cause for termination. CMS may terminate an agreement if it determines that the ASC—
(i) No longer meets the conditions for coverage as specified under § 416.26; or
(ii) Is not in substantial compliance with the provisions of the agreement, the requirements of this subpart, and other applicable regulations of subchapter B of this chapter, or any applicable provisions of title XVIII of the Act.
(d) Notice to the public. Prompt notice of the date and effect of termination is given to the public by—
(2) CMS, when it has terminated the agreement.
(e) Conditions for reinstatement after termination of agreement by CMS. When an agreement with an ASC is terminated by CMS, the ASC may not file another agreement to participate in the Medicare program unless CMS—
(1) Finds that the reason for the termination of the prior agreement has been removed; and
(2) Is assured that the reason for the termination will not recur.