CMS Pub. 100-10, ch. 9, § 9040.1

If the final finding affirms the initial finding(s) or the initial finding is not otherwise

resolved (See §9035 above), the QIO must:

A. Submit a report of its final finding and sanction recommendation to OIG.

B. Send the affected practitioner or other person a concurrent final notice, with a

copy of all the material that is being forwarded to OIG, advising that:

1. The QIO has submitted its report and recommendation to OIG.

2. The practitioner or other person has 30 days after receiving the final

notice to submit any additional written material or documentary

evidence to OIG at its headquarters location, including that the date of

receipt is presumed to be 5 days after the date on the notice unless

there is a reasonable showing to the contrary.

3. Due to the 120-day statutory requirement specified in 42 CFR

§1004.100(e), the period for submitting additional information will not

be extended, and any material that OIG receives after the 30-day

period will not be considered.

C. Provide notice to the State medical board or to other appropriate licensing

boards for other practitioner types when it submits the report and

recommendations to OIG with respect to a physician or other person whom the

board is responsible for licensing. (See 42 CFR §1004.70.)