[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: 42CFR460.28]



[Page 417]

 

                         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. 460.28  Notice of CMS determination on waiver requests.



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

after receipt of a waiver request, CMS takes one of the following 

actions:

    (1) Approves the request.

    (2) Denies the request and notifies the PACE organization in writing 

of the basis for the denial.

    (b) Date of receipt. For purposes of the 90-day time limit described 

in this section, the date that a waiver request is received by CMS from 

the State administering agency is the date on which the request is 

delivered to the address designated by CMS.

    (c) Waiver approval. (1) A waiver request is deemed approved if CMS 

fails to act on the request within 90 days after the date the waiver 

request is received by CMS.

    (2) CMS may withdraw approval of a waiver for good cause.



[67 FR 61505, Oct. 1, 2002]