CMS Pub. 100-16, ch. 5, § 40.5

Deeming Authority

(Rev. 117, Issued: 08-08-14, Effective: 08-08-14, Implementation: 08-08-14)

42 CFR §422.158

An AO that has received a notice of denial of its request for deeming authority (or

specific deeming categories) may request reconsideration in accordance with the Subpart

D of part 488. CMS will reconsider any determination to deny, remove, or not renew the

approval of deeming authority to private AOs, if the AO files a written request for

reconsideration. The request must be filed within 60 days of the receipt of notice of the

adverse determination. The request for reconsideration must specify the findings or issues

with which the AO disagrees, and the reasons for the disagreement.

In response to a request for reconsideration, CMS will provide the AO the opportunity

for an informal hearing that will be conducted by a hearing officer appointed by the

Administrator of CMS. The informal hearing will also provide the AO the opportunity to

present in writing or in person, evidence or documentation to refute the determination to

deny approval, or to withdraw or not renew deeming authority.