[Code of Federal Regulations]

[Title 42, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR405.374]



[Page 94-95]

 

                         TITLE 42--PUBLIC HEALTH

 

                    CHAPTER IV--CENTERS FOR MEDICARE

                          & MEDICAID SERVICES,

                        DEPARTMENT OF HEALTH AND

                             HUMAN SERVICES

 

PART 405_FEDERAL HEALTH INSURANCE FOR THE AGED AND DISABLED--Table of 

Contents

 

Subpart C_Suspension of Payment, Recovery of Overpayments, and Repayment 

                        of Scholarships and Loans

 

Sec. 405.374  Opportunity for rebuttal.



    (a) General rule. If prior notice of the suspension of payment, 

offset, or recoupment is given under Sec. 405.372 or Sec. 405.373, the 

intermediary or carrier must give the provider or supplier an 

opportunity, before the suspension, offset, or recoupment takes effect, 

to submit any statement (to include any pertinent information) as to why 

it should



[[Page 95]]



not be put into effect on the date specified in the notice. Except as 

provided in paragraph (b) of this section, the provider or supplier has 

at least 15 days following the date of notification to submit the 

statement.

    (b) Exception. The intermediary or carrier may for cause--

    (1) Impose a shorter period for rebuttal; or

    (2) Extend the time within which the statement must be submitted.



[61 FR 63747, Dec. 2, 1996]