CMS Pub. 100-04, ch. 33, § 10.7.2

The entity with the authority to impose the penalty that is the subject of the provider or

supplier’s request for a §903(c) penalty waiver determination has the jurisdiction to

complete such determination (regardless of whether it has jurisdiction to determine if the

guidance was erroneous). If the contractor does not possess such authority, then it does

not have jurisdiction to complete the §903(c) penalty waiver determination unless a

specific delegation of authority is issued to the contractor by the contractor’s project

officer or other competent CMS authority, which authorizes the contractor to complete

such determination. Absent such delegation, the contractor must refer the provider or

supplier’s request to the entity that possesses such authority.

See §10.3 regarding whether a matter is properly considered a §903(c) penalty under this

section. See also §10.4 regarding whether the matter has been delegated to the

contractor. If the matter raised by the provider or supplier is outside the scope of matters

discussed in the foregoing specified subsections, then the contractor to which a §903(c)

request has been made will decline jurisdiction absent a specific grant of jurisdiction on

such matter and will refer the matter to the contractor’s RO or project officer, as

appropriate.