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

regarding address changes, as well as reporting an adverse<br />

legal action in a manner to be complete within 30 days.<br />

The commenter continued to state that failure to report<br />

changes in location, leading to potential overpayment, and<br />

revocation of Medicare billing privileges needs to be<br />

highlighted for all providers.<br />

Response: We appreciate this comment and will<br />

consider expanding this provision to all providers and<br />

suppliers in a future rulemaking effort.<br />

Comment: One commenter stated that it disagrees with<br />

our assumption that all payments subsequent to an adverse<br />

legal action are collectable overpayments.<br />

Response: Since final adverse actions such as Federal<br />

exclusion or debarment, felony convictions as described in<br />

§424.535(a)(3) or license suspension or revocation that<br />

precluded continued enrollment in the Medicare program.<br />

Comment: One commenter stated that while a <strong>CMS</strong><br />

representative publicly stated that the proposed rule<br />

should have referenced adverse legal actions that have <strong>been</strong><br />

finally adjudicated, the commenter recommends that <strong>CMS</strong><br />

clarify this language in the final rule. Several<br />

commenters recommended that only adverse legal actions that<br />

are relevant to the practice of medicine should be required<br />

to be reported to <strong>CMS</strong>.<br />

294

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