42 CFR 489.12 : Public Health (Part 1 To Parts 1009-1099) — (§ 482.1 To Parts 1009-1099) — Centers For Medicare & Medicaid Services, Department Of Health And Human Services (Continued) (§ 482.1 To Parts 601-699) — Standards And Certification (§ 482.1 To § 498.103) — Provider Agreements And Supplier Approval (§ 489.1 To § 489.104) — General Provisions (§ 489.1 To § 489.18) — Decision to deny an agreement.

(a) Bases for denial. CMS may refuse to enter into an agreement for any of the following reasons:

(1) Principals of the prospective provider have been convicted of fraud (see § 420.204 of this chapter);

(2) The prospective provider has failed to disclose ownership and control interests in accordance with § 420.206 of this chapter;

(3) The prospective provider is a physician-owned hospital as defined in § 489.3 and does not have procedures in place for making physician ownership disclosures to patients in accordance with § 489.20(u); or

(4) The prospective provider is unable to give satisfactory assurance of compliance with the requirements of title XVIII of the Act.

(b) [Reserved]

(c) Compliance with civil rights requirements. CMS will not enter into a provider agreement if the provider fails to comply with civil rights requirements set forth in 45 CFR parts 80, 84, and 90, subject to the provisions of § 489.10.