CMS Pub. 100-01, ch. 6, § 150.2

(Audit Agency)

(Rev. 1, 09-11-02)

DHHS Audit Agency reports issued to Medicare contractors are available if requested, to

members of the press and the public. The contractor will refer requests for DHHS Audit

Agency reports directly to the Audit Agency, which is responsible for decisions regarding

the release of these reports.

160 - Disclosure of Statistics (CMS or Contractors)- (Rev. 1, 09-11-02)

CMS and its agents may disclose statistical data and similar information that does not

relate to any identifiable person or persons. However, they are not required to create

records for requestors by compiling selected items from the files, nor are they required to

create records to provide such data as ratios, proportions, percentages, per capitas,

frequency distributions, trends, correlations or comparisons.

They may, however, create such records when efficient administration permits. Final

authority to determine when "efficient administration permits" rests with CMS. The

contractor will refer requests for information, which can be created by hand, to the RO

unless the requestor is willing to accept copies of the pages containing the data needed to

compile the requested information (i.e., the requester is willing to do the necessary

compilation). The contractor will refer requests for information, which must be created

by machine (e.g., computer programs to manipulate data and print results), to the RO.

CMS and the contractors have a joint obligation to ensure that the program is clearly and

accurately represented and that the public is given a complete picture of program

performance.

There are certain problems in accurately representing program performance by means of

statistical data alone, since some groupings of statistics are subject to inadvertent

inaccuracies or are susceptible to misinterpretation. Careful judgment is, therefore,

essential in presenting information on operating and payment activities.