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CMS-1403-FC
afforded appeal rights in 42 CFR part 498. We believe that
the appeals process will permit a provider or supplier who
believes that CMS or our contractor has made an incorrect
decision regarding revocation based on Federal exclusion or
debarment, felony conviction, license suspension or
revocation, or when we have determined that the provider or
supplier is no longer operating at the practice location
the opportunity to have CMS or our contractor reconsider
its initial revocation determination.
Accordingly, we proposed to revise §405.874(b)(2)
from, “ The revocation of provider’s or supplier’s billing
privileges is effective 30 days after CMS or the CMS
contractor mails notice of its determination to the
provider or supplier. A revocation based on Federal
exclusion or debarment is effective with the date of the
exclusion or debarment.” to “The revocation of a provider’s
or supplier’s billing privileges is effective 30 days after
CMS or the CMS contractor mails notice of its determination
to the provider or supplier, except if the revocation is
based on Federal exclusion or debarment, felony conviction,
license suspension or revocation, or the practice location
is determined by CMS or its contractor not to be
operational. When a revocation is based on an exclusion or
debarment Federal exclusion or debarment, felony
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