42 CFR 424.545 - Provider and supplier appeal rights

Cite as42 CFR 424.545
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9 cases
  • Goffney v. Becerra, 19-56368
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • April 29, 2021
    ...a mechanism for a provider to challenge a deactivation, Goffney did not invoke that mechanism. See 42 C.F.R. §§ 405.374(a), 405.375(a), 424.545(b).Instead, in 2015, Goffney attempted to reactivate his billing privileges. To do so, he submitted documents to Noridian Healthcare Solutions, the......
  • Sahara Health Care, Inc. v. Azar, CIVIL ACTION NO. 7:18-CV-203
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • November 1, 2018
    ...§ 1395ddd(f)(1)(C).106 See id. § 1395ddd(f)(1)(D).107 Family Rehab. , 886 F.3d at 500 ; Maxmed Healthcare , 860 F.3d at 344–45.108 42 C.F.R. § 424.545(a)(2).109 Cleveland Bd. of Educ. v. Loudermill , 470 U.S. 532, 545, 105 S.Ct. 1487, 84 L.Ed.2d 494 (1985) (quoting Mullane v. Cent. Hanover ......
  • Arriva Med. LLC v. U.S. Dep't of Health & Human Servs., Civil Action No. 16–2521 (JEB)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • March 9, 2017
    ...second prong for that claim as well. Where (as here) post-administrative-review payments are available if a supplier succeeds, see 42 C.F.R. § 424.545(a)(2), Eldridge jurisdiction is limited to those instances where "an erroneous termination would damage [the plaintiff] in a way not recompe......
  • Comprehab Wellness Grp., Inc. v. Sebelius, CASE NO. 11-23377-CIV-SEITZ/SIMONTON
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • April 30, 2013
    ...was effective as of March 11, 2010, the date of the on-site review. Id. CompRehab sought reconsideration of the revocation. See 42 C.F.R. §§424.545(a), 498.5(1), 498.22(a). On August 5, 2010, a CMS Hearing Officer affirmed the revocation. [AR 191-192].Page 6 C. Decision of the HHS Administr......
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2 firm's commentaries
  • Medicare Enrollment: A Primer and How to Avoid Traps for the Unwary
    • United States
    • JD Supra United States
    • October 6, 2014
    ...authority as grounds for the denial and revocation became effective on July 22, 2014. 79 Fed. Reg. 29844 (May 23, 2014). [42] 42 C.F.R. § 424.545(a). Appeal of a denial must be made in accordance with 42 C.F.R. Part 424, subpart [43] 42 C.F.R. § 424.530(d). [44] 42 C.F.R. § 424.530(b); Prog......
  • Payment Matters: Reactivation of Billing Privileges – More Onerous for HHAs
    • United States
    • JD Supra United States
    • May 23, 2012
    ...appeal rights to challenge a deactivation of billing privileges since a deactivation is not a final action. Under the regulations at 42 C.F.R. § 424.545, however, a provider or supplier is entitled to file a rebuttal. To the extent that billing privileges were deactivated erroneously, a suc......

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