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19.02.2013 Views

CMS-1403-FC Specifically, §424.515 states that a provider or supplier (other than a DMEPOS supplier), must resubmit and recertify the accuracy of its enrollment information every 5 years. Therefore, physicians, NPPs and physician and NPP organizations that enrolled in the Medicare program prior to 2003, but who have not completed a Medicare enrollment application since then, have had more than 2 years to come into voluntary compliance with our enrollment criteria by submitting a complete enrollment application. To date, approximately 80 percent of the enrolled physicians and 98 percent of NPPs have updated their Medicare enrollment record within the last 5 years. To ensure that Medicare only pays eligible physicians and NPPs, we are again notifying physicians and NPPs that they may voluntarily complete and submit a Medicare enrollment application and the necessary supporting documentation prior to our formal request for revalidation. In accordance with the existing provision at §424.535(a)(1)(ii), providers and suppliers who choose not to come into voluntary compliance or fail to respond to a revalidation request within 60 days of the Medicare contractor’s request may be subject to the revocation of their billing privileges. 274

CMS-1403-FC 2. Medicare Billing Privileges and Existing Tax Delinquency The Government Accountability Office (GAO) found that over 21,000 of the physicians, health professionals, and suppliers paid under Medicare Part B during the first 9 months of CY 2005 had tax debts totaling over $1 billion. The GAO report titled, “Medicare, Thousands of Medicare Part B Providers Abuse the Federal Tax System (GAO-07- 587T)” found abusive and potentially criminal activity, including failure to remit to IRS individual income taxes or payroll taxes or both withheld from their employees. While we do not currently consider whether an individual physician, NPP currently enrolled in the Medicare program has delinquent tax debts with the Internal Revenue Service (IRS), we do consider whether a physician or NPP was convicted of a Federal or State felony offense, including income tax evasion, that we have determined to be detrimental to the best interest of the Medicare program. Moreover, if a physician or NPP was convicted of Federal or State felony offense within the 10 years preceding enrollment or revalidation of enrollment that we determined to be detrimental to the best interest of the Medicare program, we could deny or revoke the Medicare billing privileges of the physician or NPP. 275

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

Specifically, §424.515 states that a provider or<br />

supplier (other than a DMEPOS supplier), must resubmit and<br />

recertify the accuracy of its enrollment information every<br />

5 years. Therefore, physicians, NPPs and physician and<br />

NPP organizations that enrolled in the Medicare program<br />

prior to 2003, but who have not completed a Medicare<br />

enrollment application since then, have had more than 2<br />

years to come into voluntary compliance with our enrollment<br />

criteria by submitting a complete enrollment application.<br />

To date, approximately 80 percent of the enrolled<br />

physicians and 98 percent of NPPs have updated their<br />

Medicare enrollment record within the last 5 years.<br />

To ensure that Medicare only pays eligible physicians<br />

and NPPs, we are again notifying physicians and NPPs that<br />

they may voluntarily complete and submit a Medicare<br />

enrollment application and the necessary supporting<br />

<strong>document</strong>ation prior to our formal request for revalidation.<br />

In accordance with the existing provision at<br />

§424.535(a)(1)(ii), providers and suppliers who choose not<br />

to come into voluntary compliance or fail to respond to a<br />

revalidation request within 60 days of the Medicare<br />

contractor’s request may be subject to the revocation of<br />

their billing privileges.<br />

274

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