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(ACO) regulations - American Society of Anesthesiologists

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CMS-1345-P 326<br />

denial is not consistent with CMS' <strong>regulations</strong> or statutory authority. The <strong>ACO</strong> or <strong>ACO</strong><br />

applicant may not use the reconsideration process to submit required documentation as<br />

evidence for the record that was not previously submitted to CMS by the applicable<br />

deadline. Furthermore, the reconsideration <strong>of</strong>ficial will only consider evidence for the<br />

record that is submitted in the required format and in the timeframes indicated in the<br />

acknowledgement notification, unless additional information is requested by the <strong>of</strong>ficial.<br />

Following the review, the reconsideration <strong>of</strong>ficial will issue a recommended decision.<br />

We further propose that if the <strong>ACO</strong> or <strong>ACO</strong> applicant disagrees with the<br />

recommendation <strong>of</strong> the reconsideration <strong>of</strong>ficial, it will have an opportunity to request a<br />

record review <strong>of</strong> the initial determination and recommendation <strong>of</strong> the reconsideration<br />

<strong>of</strong>ficial by an independent CMS <strong>of</strong>ficial who was not involved in the initial determination<br />

or the reconsideration review process. An <strong>ACO</strong> or <strong>ACO</strong> applicant that wishes to request<br />

an on the record review <strong>of</strong> the reconsideration <strong>of</strong>ficial's recommendation must submit an<br />

explanation <strong>of</strong> why it disagrees with the recommendation in the timeframe and in the<br />

format indicated in the recommendation letter. The CMS <strong>of</strong>ficial may also review the<br />

recommendation <strong>of</strong> the reconsideration <strong>of</strong>ficial on his or her own motion. The on the<br />

record review process will be based only on evidence presented for the reconsideration<br />

review. The CMS <strong>of</strong>ficial will review the recommendation <strong>of</strong> the reconsideration <strong>of</strong>ficial<br />

and the supporting materials and make a final agency determination.<br />

If an <strong>ACO</strong> applicant requests a review <strong>of</strong> a decision to deny its application, and<br />

our initial determination is upheld, the application will be considered to have been denied<br />

based on the effective date <strong>of</strong> the original notice <strong>of</strong> denial. An <strong>ACO</strong> that requests a<br />

reconsideration review <strong>of</strong> an initial determination to terminate its participation in the

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