US · guidance
CMS Pub. 100-04, ch. 33, § 10.7.1
Jurisdiction Regarding Error
The entity that issued the guidance in question has jurisdiction to determine if the
guidance was erroneous unless such jurisdiction is delegated to another entity. A
contractor that receives a request to make a §903(c) penalty waiver determination with
respect to guidance that it did not issue (and for which error jurisdiction has not been
delegated) shall refer the request to the issuing entity through its regional office (RO) or
project officer unless the contractor retains jurisdiction to complete the penalty waiver
determination in accordance with §10.7.2, below. In the latter circumstance, such referral
shall be made only to secure a determination regarding whether the guidance was
erroneous.
An entity that has jurisdiction to determine error but lacks jurisdiction to complete the
determination will make such error determination and then refer that finding to the entity
that has jurisdiction to complete the penalty waiver determination.
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
ebfee16e1c4595f7b4eda435b0795a9e3538e2a90a55c821169d44eec1d3101d
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