407.45—Termination of State buy-in agreements.
(a) Termination by the State—
(1) Termination after advance notice.
A State may terminate its buy-in agreement after giving CMS 3 months, advance notice.
(2) Termination without advance notice.
A State may terminate its buy-in agreement without advance notice if—
(i)
The State gives CMS written certification to the effect that it is no longer legally able to comply with one or more of the provisions of the agreement; and
(ii)
Submits a supporting opinion from the appropriate State legal officer, if CMS requests such an opinion.
(b) Termination by CMS.
If CMS, after giving the State notice and opportunity for hearing, finds that the State has failed to comply substantially with one or more of the provisions of the agreement, other than the requirement for timely payment of premiums, CMS will give the State written notice to the effect that the agreement will terminate on the date indicated in the notice unless, before that date, CMS finds that there is no longer that failure to comply. (Rules for collection of overdue premiums, including assessment of interest and offset against FFP due the State, are those set forth in the Notice published on September 30, 1985 at 50 FR 39784.)