CMS Pub. 100-04, ch. 29, § 270.1.3

A representative, beneficiary, or other party may submit the completed appointment to the contractor at the

time such person files a claim or request for appeal or at any time during the processing of the appeal.

Appointed representatives are responsible for submitting a valid appointment instrument with each new

appeal request. A valid appointment instrument submitted with an appeal request will be included in the

appeal case file and is valid for subsequent levels of appeal for the item(s)/service(s)/claims(s) at issue.

With each new appeal request, an appointed representative may choose to send either an original

appointment instrument, or a photocopy of the original. Should a photocopy of the original appointment

instrument be submitted with an appeal request, the original appointment instrument must be mainta ined

by the representative or the party, and produced upon request. I f an appeal or other motion is filed by a

representative on behalf of a party to the appeal, but does not include an appointment, the contractor takes

the actions specified below in §270.1.6 to secure the written appointment.

If a valid CMS-1696, or other conforming written instrument, has previously been filed with the contractor,

the representative is encouraged, but not required, to submit a copy at subsequent levels of appeal. A valid

appointment instrument will be included in the case file for subsequent levels of the appeal of the

item(s)/service(s)/claim(s) at issue. However, if a new appeal for different items/services/claims is initiated

during the one year timeframe of the appointment, a copy of the appointment must be filed with the new

appeal request.

If a contractor has received CMS approval for, and is accepting appeals through, the use of a secure Internet

portal/application (See 310.1.B.2.c), contractors should provide instructions to appellants using the Internet

portal/application on how to submit the appointment instrument when submitting an appeal.