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19.02.2013 Views

CMS-1403-FC After reviewing public comments, we are finalizing the provision at proposed §424.516(d) which would require physicians, NPPs or physician and NPP organizations to notify its Medicare contractor of a change of ownership, change in practice location or any final adverse action within 30 days of the reportable event. In addition, we believe that physician and NPP organizations’ and individual practitioners’ failure to comply with the reporting requirements within the time frame described above may result in the revocation of Medicare billing privileges and the imposition of a Medicare overpayment from the date of the reportable change. Specifically, we believe that a final adverse action may preclude payment, and thus, establish an overpayment from the date of the adverse legal action. As such, we believe that physician and NPP organizations and individual practitioners should not be allowed to retain any reimbursement they receive after the date of the adverse legal action. In addition, physicians, NPPs, or physician and NPP organizations who voluntarily report a final adverse action that prohibits further payment will have their Medicare billing privileges revoked and have an overpayment assessed back to the date of the reportable event. CMS has the discretion to revoke the supplier’s billing privileges. Moreover, revocation 306

CMS-1403-FC affords the supplier appeal rights and by reporting an adverse legal action within 30 days of the reportable event, a physician or NPP or physician or NPP organization may regain billing privileges if the final adverse action no longer impedes the applicant’s reenrollment into the Medicare program. We are also finalizing the provision at §424.516(d)(1)(iii) which requires physicians, NPPs and physician and NPP organizations to report a change of practice location within 30 days. While we may not revoke the billing privileges of physicians, NPPs and physician and NPP organizations if a change of practice location is reported by the practitioner or organization after the prescribed 30-day timeframe, we will assess an overpayment, if applicable, for the difference in payment rates retroactive to the date the change in practice location occurred. In addition, with limited exceptions such as a Presidentially-declared disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§5121-5206 (Stafford Act), physicians, NPPs, and physician and NPP organizations can report a change of practice location in advance of the reportable event. We note that individual practitioners and physician and NPP organizations routinely notify staff, the U.S. Post Office, 307

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

After reviewing public comments, we are finalizing the<br />

provision at proposed §424.516(d) which would require<br />

physicians, NPPs or physician and NPP organizations to<br />

notify its Medicare contractor of a change of ownership,<br />

change in practice location or any final adverse action<br />

within 30 days of the reportable event. In addition, we<br />

believe that physician and NPP organizations’ and<br />

individual practitioners’ failure to comply with the<br />

reporting requirements within the time frame described<br />

above may result in the revocation of Medicare billing<br />

privileges and the imposition of a Medicare overpayment<br />

from the date of the reportable change. Specifically, we<br />

believe that a final adverse action may preclude payment,<br />

and thus, establish an overpayment from the date of the<br />

adverse legal action. As such, we believe that physician<br />

and NPP organizations and individual practitioners should<br />

not be allowed to retain any reimbursement they receive<br />

after the date of the adverse legal action. In addition,<br />

physicians, NPPs, or physician and NPP organizations who<br />

voluntarily report a final adverse action that prohibits<br />

further payment will have their Medicare billing privileges<br />

revoked and have an overpayment assessed back to the date<br />

of the reportable event. <strong>CMS</strong> <strong>has</strong> the discretion to revoke<br />

the supplier’s billing privileges. Moreover, revocation<br />

306

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