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CMS-1403-FC
Another commenter does not believe it is appropriate to
penalize all of the partners in a practice, when only one
individual is guilty of tax evasion. One commenter
requests that we define, in greater detail, the term
“reliable information,” and also that we assure some formal
type of appeals process apart from a simple rebuttal.
Another commenter questions if there is a mechanism in
place whereby a potential new hire can be held harmless
should his or her potential employer find itself in a
delinquent status within a 12-month period. One commenter
questions whether the burden of reporting an adverse legal
action would be placed upon the individual saddled with the
action rather than his or her group managing partners, for
sometimes the principals are not aware of the actions of
their employees. Another commenter stated that at a
minimum, the third party involved should be sent
notification of the provider’s revoked billing privileges
18 months before the date of revocation. One commenter
believes that this provision is not logistically possible
because it raises too many issues, including taxpayer
privacy, equal opportunity employment concerns, and perhaps
even whistleblower triggers regarding noncompliance.
Response: Section 189 of the MIPPA requires
that CMS take all necessary steps to participate in the
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