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

Response: We disagree with this commenter because the<br />

existing overpayment regulations do not allow us to assess<br />

an overpayment based on the failure of a physician, NPP, or<br />

physician or NPP organizations to report certain reportable<br />

enrollment events.<br />

Comment: One commenter stated that they were concerned<br />

over inconsistency in the verbiage of this section where we<br />

state in the CY 2009 PFS proposed rule (73 FR 38538 through<br />

38539) that billing privileges may be revoked in one place<br />

and in the other place state that they would be revoked.<br />

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

clarified in this final rule to use the word, “may” when<br />

referring to the revocation of Medicare billing privileges.<br />

Comment: One commenter recommends that a 60-day limit<br />

be imposed rather than the proposed 30 days for notifying<br />

<strong>CMS</strong> about a “reportable event.”<br />

Response: We believe that changes of ownership,<br />

adverse legal actions, and changes in practice locations<br />

can and should be reported within 30 days of the reportable<br />

event. By reporting these types of reportable events<br />

within 30 days, the Medicare program can take the necessary<br />

steps to ensure that we are paying physicians and NPPs<br />

correctly and ensure that only eligible physicians and NPPs<br />

are enrolled in the Medicare program.<br />

305

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