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

The following is a summary of the comments we received<br />

and our responses.<br />

Comment: Several commenters recommended that we<br />

withdraw our proposed changes to the appeals process.<br />

Response: We disagree with these commenters because<br />

we continue to believe that we should not make further<br />

payments to physicians and NPPs who have had their State<br />

medical license suspended or revoked, were convicted of a<br />

felony as described in §424.535(a)(3), were excluded or<br />

debarred from participating in a Federal program, or were<br />

determined by <strong>CMS</strong> or its contractor not to be operational.<br />

Comment: One commenter urged <strong>CMS</strong> to require<br />

contractors to send revocation notices in an effective<br />

manner that would establish a date of receipt and the<br />

recipient.<br />

Response: While this comment is outside the scope of<br />

the proposed rule, Medicare contractors are instructed to<br />

mail revocation notices to the correspondence address of<br />

the provider.<br />

Comment: One commenter recommended that we create an<br />

expedited reconsideration process of not more than 30 days<br />

in cases where revocation is based on <strong>CMS</strong>/contractor error.<br />

Response: While we have considered establishing an<br />

expedited reconsideration process for those cases in which<br />

781

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