[Code of Federal Regulations]

[Title 42, Volume 3]

[Revised as of October 1, 2005]

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

[CITE: 42CFR460.20]



[Page 415-416]

 

                         TITLE 42--PUBLIC HEALTH

 

  CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF 

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 460_PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY (PACE)--Table 

of Contents

 

       Subpart B_PACE Organization Application and Waiver Process

 

Sec. 460.20  Notice of CMS determination.



    (a) Time limit for notification of determination. Within 90 days 

after an entity submits a complete application to CMS, CMS takes one of 

the following actions:

    (1) Approves the application.

    (2) Denies the application and notifies the entity in writing of the 

basis



[[Page 416]]



for the denial and the process for requesting reconsideration of the 

denial.

    (3) Requests additional information needed to make a final 

determination.

    (b) Additional information requested. If CMS requests from an entity 

additional information needed to make a final determination, within 90 

days after CMS receives all requested information from the entity, CMS 

takes one of the following actions:

    (1) Approves the application.

    (2) Denies the application and notifies the entity in writing of the 

basis for the denial and the process for requesting reconsideration of 

the denial.

    (c) Deemed approval. An application is deemed approved if CMS fails 

to act on the application within 90 days after one of the following 

dates:

    (1) The date the application is submitted by the organization.

    (2) The date CMS receives all requested additional information.

    (d) Date of submission. For purposes of the 90-day time limit 

described in this section, the date that an application is submitted to 

CMS is the date on which the application is delivered to the address 

designated by CMS.