[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: 42CFR498.24]



[Page 1096]

 

                         TITLE 42--PUBLIC HEALTH

 

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

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 498_APPEALS PROCEDURES FOR DETERMINATIONS THAT AFFECT PARTICIPATION 

IN THE MEDICARE PROGRAM AND FOR DETERMINATIONS THAT AFFECT THE 

PARTICIPATION OF ICFs/MR AND CERTAIN NFs IN THE MEDICAID PROGRAM--Table 

of Contents

 

       Subpart B_Initial, Reconsidered, and Revised Determinations

 

Sec. 498.24  Reconsidered determination.



    When a request for reconsideration has been properly filed in 

accordance with Sec. 498.22, CMS--

    (a) Receives written evidence and statements that are relevant and 

material to the matters at issue and are submitted within a reasonable 

time after the request for reconsideration;

    (b) Considers the initial determination, the findings on which the 

initial determination was based, the evidence considered in making the 

initial determination, and any other written evidence submitted under 

paragraph (a) of this section, taking into account facts relating to the 

status of the prospective provider or supplier subsequent to the initial 

determination; and

    (c) Makes a reconsidered determination, affirming or modifying the 

initial determination and the findings on which it was based.