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

Medicare revoked billing privileges due to a Federal<br />

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

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

or the practice location is determined by <strong>CMS</strong> or our<br />

contractor not to be operational, we do not believe that an<br />

expedited reconsideration process is warranted.<br />

Comment: One commenter stated that our proposal to<br />

make revocation effective with limited notice and appeal<br />

rights in certain situations is a violation of due process.<br />

Response: While we agree that physicians, NPPs and<br />

physician and NPP organizations will receive limited notice<br />

when <strong>CMS</strong> or our contractor revokes Medicare billing<br />

privileges due to State licensure suspension/revocation,<br />

Federal debarment or exclusion, felony convictions as<br />

described in §424.535(a)(3), or when a practice location is<br />

found to no longer to be in operation, we disagree with<br />

this commenter’s statement that we are violating due<br />

process rights. Physicians, NPPs, and physician and NPP<br />

organizations are afforded identical appeal rights as any<br />

other provider or supplier whose Medicare billing<br />

privileges were revoked.<br />

Comment: One commenter stated that retroactive<br />

revocation creates a situation where Medicare denies<br />

payment for services physicians have furnished in good<br />

782

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