417.404—General requirements.
        
        (1) 
         Be determined by CMS to be an HMO or CMP (in accordance with  §§ 117.142 and 417.407, respectively); and
    
    
    
        
        (b) 
         CMS enters into or renews a contract only if it determines that action would be consistent with the effective and efficient implementation of  section 1876 of the Act.
    
    [60 FR 45675, Sept. 1, 1995]