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

supplier no longer being operational at a specific practice<br />

location, lend themselves to a corrective action plan, we<br />

believe that these providers and suppliers should be<br />

afforded appeal rights in 42 CFR part 498. We believe that<br />

the appeals process will permit a provider or supplier who<br />

believes that <strong>CMS</strong> or our contractor <strong>has</strong> made an incorrect<br />

decision regarding revocation based on Federal exclusion or<br />

debarment, felony conviction, license suspension or<br />

revocation, or when we have determined that the provider or<br />

supplier is no longer operating at the practice location<br />

the opportunity to have <strong>CMS</strong> or our contractor reconsider<br />

its initial revocation determination except for those<br />

revocation determinations imposed under §424.535(a)(2),<br />

(a)(3), and (a)(5).<br />

6. Physician Resource Use Feedback Program<br />

a. General Background<br />

<strong>CMS</strong>’ Office of the Actuary estimates that the Medicare<br />

PFS allowed charges have grown approximately 55 percent<br />

from 2000 to 2007. 1 The Medicare Payment Advisory<br />

Commission (MedPAC) reports that since 2000, total Medicare<br />

spending for physicians’ services <strong>has</strong> climbed more than<br />

1 <strong>CMS</strong> Office of the Actuary.<br />

786

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