2006 proposed fee schedule - American Society of Clinical Oncology

362
For the reasons set forth in the preamble, the Centers for
Medicare & Medicaid Services proposes to amend 42 CFR
chapter IV as set forth below:
PART 405--FEDERAL HEALTH INSURANCE FOR THE AGED AND DISABLED
1. The authority citation for part 405 continues to
read as follows:
Authority: Secs. 1102, 1861, 1862(a), 1871, 1874,
1881, and 1886(k) of the Social Security Act (42 U.S.C.
1302, 1395x, 1395y(a), 1395hh, 1395kk, 1395rr, and
1395ww(k)), and sec. 353 of the Public Health Service Act
(42 U.S.C. 263a).
Subpart D--Private Contracts
2. Section 405.435 is amended by--
A. Revising introductory text in paragraph (b).
B. Adding paragraph (d).
The revision and addition read as follows:
§405.435 Failure to maintain opt-out.
* * * * *
(b) If a physician or practitioner fails to maintain
opt-out in accordance with paragraph (a) of this section,
then, for the remainder of the opt-out period, except as
provided by paragraph (d) of this section--
* * * * *
(d) If a physician or practitioner demonstrates that
he or she has taken good faith efforts to maintain opt-out