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CMS-1403-FC
suspension or revocation or the date that CMS or its
contractor determined that the provider or supplier was no
longer operational.”
We believe that these changes will ensure that
providers and suppliers are afforded due process rights
under 42 CFR part 498, but also ensure that Medicare is not
making or continuing to make payments to providers and
suppliers who are no longer eligible to receive payments.
We continue to believe that revocations such as felony
convictions and license suspensions or revocations are
determinations that do not lend themselves to a corrective
action plan and that the revocation should be effective
with the date of the felony conviction or the license
suspension or revocation action. Moreover, we maintain
that when CMS or our contractor determines that a provider
or supplier, including a DMEPOS supplier, is no longer
operating at the practice location provided to Medicare on
a paper or electronic Medicare enrollment application that
the revocation should be effective with the date that CMS
or our contractor determines that the provider or supplier
is no longer operating at the practice location.
Further, while we do not believe that revocations
based on felony convictions, license suspension or
revocations, or a revocation based on a provider or a
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