US · guidance
CMS Pub. 100-04, ch. 33, § 10.2.3
Guidance Was in Writing
The third condition that must be met is that the guidance must have been in writing.
The Medicare guidance is considered to be “in writing” if a hardcopy, e-mail, facsimile,
floppy disk, or other similar, tangible, reproducible instrument of communicating
information is furnished to the provider or supplier. The guidance must possess some
form of authentication (e.g., a letterhead) or other indicia that shows that the item was
issued by CMS or a Medicare contractor.
Also, a CMS or contractor’s Web site posting qualifies as a writing.
The provider or supplier has the burden of documenting the existence of the writing.
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
bb42f7b0dae4efd28a011db096c0bead3d6d8b5c88c57a81d41e13f8a9bdfa49
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