[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 42CFR1004.70]



[Page 1192]

 

                         TITLE 42--PUBLIC HEALTH

 

      GENERAL--HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

PART 1004_IMPOSITION OF SANCTIONS ON HEALTH CARE PRACTITIONERS AND 

 

                     Subpart C_QIO Responsibilities

 

Sec.  1004.70  QIO action on final finding of a violation.



    If the finding is not resolved to the QIO's satisfaction as 

specified in Sec.  1004.60(a), the QIO must--

    (a) Submit its report and recommendation to the OIG;

    (b) Send the affected practitioner or other person a concurrent 

final notice, with a copy of all the material that is being forwarded to 

the OIG, advising that--

    (1) The QIO recommendation has been submitted to the OIG;

    (2) The practitioner or other person has 30 days from receipt of 

this final notice to submit any additional written material or 

documentary evidence to the OIG at its headquarters location. The date 

of receipt is presumed to be 5 days after the date on the notice, unless 

there is a reasonable showing to the contrary; and

    (3) Due to the 120-day statutory requirement specified in Sec.  

1004.100(e), the period for submitting additional information will not 

be extended and any material received by the OIG after the 30-day period 

will not be considered; and

    (c) Provide notice to the State medical board or to other 

appropriate licensing boards for other practitioner types when it 

submits a report and recommendations to the OIG with respect to a 

physician or other person whom the board is responsible for licensing.