US · guidance
CMS Pub. 100-04, ch. 33, § 10.2.2
Guidance Was Issued by the Secretary or Contractor
The second condition that must be met is that the guidance must have been issued by the
Secretary or by a Medicare contractor.
Guidance issued by an officer or employee of the Centers for Medicare and Medicaid
Services (CMS) is considered to have been issued by the Secretary.
For the purposes of implementing this section, the term “Medicare Contractor” means
any Medicare Administrative Contractor (MAC) or an eligible entity with a contract
under §1893 of the Act, including but not necessarily limited to a Program Safeguard
Contractor.
Guidance issued by any other type of contractor as not qualifying to invoke the penalty
waiver unless such guidance is confirmed and communicated by CMS or by a Medicare
contractor, as defined above, before the provider or supplier’s act or omission that is the
basis for the penalty at issue.
History
(Rev. 739, Issued: 11-01-05, Effective: 07-24-03, Implementation: 01-19-06)
Provenance
- Source
- cms.gov
- Retrieved
- 2026-08-25
- Edition
- iom-2026-08-25
- Content hash
5ad0f54b64ed791132010afd43fb737b2a453339e5dce58a967dec7f2613dc3a
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