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(ACO) regulations - American Society of Anesthesiologists

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CMS-1345-P 414<br />

format.<br />

(iii) All evidence submitted both from the applicant and CMS, in preparation for the<br />

reconsideration review will be shared with participating parties prior to the scheduled date <strong>of</strong> the<br />

hearing, as indicated in the acknowledgement notice.<br />

(iv) All parties will be notified <strong>of</strong> the reconsideration <strong>of</strong>ficial's recommendation.<br />

(c) If any <strong>of</strong> the parties disagree with the recommendation <strong>of</strong> the reconsideration <strong>of</strong>ficial,<br />

they may request an on the record review <strong>of</strong> the initial determination and recommendation by an<br />

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

reconsideration review process.<br />

(1) Any party that wishes to request an on the record review <strong>of</strong> the reconsideration<br />

<strong>of</strong>ficial's recommendation must submit an explanation <strong>of</strong> why they disagree with the<br />

recommendation by the timeframe and in the format indicated on the recommendation letter.<br />

(2) The on the record review process will be based only on evidence presented for the<br />

reconsideration review.<br />

(3) The CMS <strong>of</strong>ficial will consider the recommendation <strong>of</strong> the reconsideration <strong>of</strong>ficial<br />

and make a final agency determination.<br />

(d) CMS's decision after review <strong>of</strong> the reconsideration <strong>of</strong>ficial's recommendation is final<br />

and binding.<br />

(e) The review process under this section shall not be construed to negate, diminish, or<br />

otherwise alter the applicability <strong>of</strong> existing laws, rules, and <strong>regulations</strong> or determinations made<br />

by other government agencies.<br />

(f) If CMS' initial decision to deny an <strong>ACO</strong>'s application to participate in the Shared<br />

Savings Program is upheld, the application will remain denied based on the effective date <strong>of</strong> the

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