42 C.F.R. § 498.4 : Public Health — CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES — STANDARDS AND CERTIFICATION — APPEALS PROCEDURES FOR DETERMINATIONS THAT AFFECT PARTICIPATION IN THE MEDICARE PROGRAM AND FOR DETERMINATIONS THAT AFFECT THE PARTICIPATION OF ICFs/IID AND CERTAIN NFs IN THE MEDICAID PROGRAM — GENERAL PROVISIONS — NFs subject to appeals process in part 498
A NF is considered a provider for purposes of this part when it has in effect an agreement to participate in Medicaid, including an agreement to participate in both Medicaid and Medicare and it is a-
(a) State-operated NF; or
(b) Non State-operated NF that is subject to compliance action as a result of-
(1) A validation survey by CMS; or
(2) CMS's review of the State's survey findings.