(a) Termination by intermediary. An intermediary may terminate its agreement at any time by -
(1) Giving written notice of its intention to CMS and to the providers it services at least 180 days before its intended termination date; and
(2) Giving public notice of its intention by publishing a statement of the effective date of termination at least 60 days before that date. Publication must be in a newspaper of general circulation in each community served by the intermediary.
(b) Termination by the Secretary, and right of appeal. (1) The Secretary may terminate an agreement if -
(i) The intermediary fails to comply with the requirements of this subpart;
(ii) The intermediary fails to meet the criteria or standards specified in §§ 421.120 and 421.122; or
(iii) CMS has reassigned, under § 421.114 or § 421.116, all of the providers assigned to the intermediary.
(2) If the Secretary decides to terminate an agreement, he or she will offer the intermediary an opportunity for a hearing, in accordance with § 421.128.
(3) If the intermediary does not request a hearing, or if the hearing decision affirms the Secretary's decision, the Secretary will provide reasonable notice of the effective date of termination to -
(i) The intermediary;
(ii) The providers served by the intermediary; and
(iii) The general public.
(4) The providers served by the intermediary will be given the opportunity to nominate another intermediary, in accordance with § 421.104.