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<strong>CMS</strong>-1403-FC<br />

existing overpayment at the time of filing of an enrollment<br />

application.<br />

(7) Payment suspension. The current owner (as defined<br />

in §424.502), physician or nonphysician practitioner <strong>has</strong><br />

<strong>been</strong> placed under a Medicare payment suspension as defined<br />

in §405.370 through §405.372 of this subchapter.<br />

* * * * *<br />

46. Section 424.535 is amended by--<br />

A. Amending paragraph (a)(1) by removing the phrase<br />

“billing privileges.” and adding in its place “billing<br />

privileges, except for those imposed under paragraphs<br />

(a)(2), (a)(3), or (a)(5) of this section.<br />

B. Adding paragraphs (a)(9), (a)(10), and (h).<br />

C. Revising paragraph (g).<br />

The additions and revision read as follows:<br />

§424.535 Revocation of enrollment and billing privileges in<br />

the Medicare program.<br />

(a) * * *<br />

(9) Failure to report. The provider or supplier did<br />

not comply with the reporting requirements specified in<br />

§424.516(d)(1)(ii) and (iii) of this subpart.<br />

(10) Failure to <strong>document</strong>. The provider or supplier<br />

did not comply with the <strong>document</strong>ation requirements<br />

specified in §424.516(f) of this subpart.<br />

1146

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