Common use of Change of Surety Clause in Contracts

Change of Surety. An HHA that ob- tains a replacement surety bond from a different Surety to cover the remaining term of a previously obtained bond must submit the new surety bond to CMS within 30 days of obtaining the bond from the new Surety. (Authority: Secs. 1102 and 1871 of the Social Security Act (42 U.S.C. 1302 and 1395hh)) [63 FR 315, Jan. 5, 1998, as amended at 63 FR 10731, Mar. 4, 1998; 63 FR 29656, June 1, 1998; 63 FR 41171, July 31, 1998] (a) The failure of a participating HHA to obtain, file timely, and main- tain a surety bond in accordance with this subpart F and CMS’s instructions is sufficient under § 489.53(a)(1) for CMS to terminate the HHA’s provider agree- ment. (b) The failure of an HHA seeking to become a participating HHA to obtain and file timely a surety bond in accord- ance with this Subpart F and CMS’s in- structions is sufficient under § 489.12(a)(3) for CMS to refuse to enter into a provider agreement with the HHA.

Appears in 3 contracts

Samples: Provider Agreement, Provider Agreement, Provider Agreement

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