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Title 42 Part 476 → Subpart C → §476.96

Title 42 → Chapter IV → Subchapter F → Part 476 → Subpart C → §476.96

Electronic Code of Federal Regulations e-CFR

Title 42 Part 476 → Subpart C → §476.96

e-CFR data is current as of November 21, 2019

Title 42Chapter IVSubchapter FPart 476Subpart C → §476.96


Title 42: Public Health
PART 476—QUALITY IMPROVEMENT ORGANIZATION REVIEW
Subpart C—Review Responsibilities of Quality Improvement Organizations (QIOs)


§476.96   Review period and reopening of initial denial determinations and changes as a result of DRG validations.

(a) General timeframe. A QIO or its subcontractor—

(1) Within one year of the date of the claim containing the service in question, may review and deny payment; and

(2) Within one year of the date of its decision, may reopen an initial denial determination or a change as a result of a DRG validation.

(b) Extended timeframes. (1) An initial denial determination or change as a result of a DRG validation may be made after one year but within four years of the date of the claim containing the service in question, if CMS approves.

(2) A reopening of an initial denial determination or change as a result of a DRG validation may be made after one year but within four years of the date of the QIO's decision if—

(i) Additional information is received on the patient's condition;

(ii) Reviewer error occurred in interpretation or application of Medicare coverage policy or review criteria;

(iii) There is an error apparent on the face of the evidence upon which the initial denial or DRG validation was based; or

(iv) There is a clerical error in the statement of the initial denial determination or change as a result of a DRG validation.

(c) Fraud and abuse. (1) A QIO or its subcontractor may review and deny payment anytime there is a finding that the claim for service involves fraud or a similar abusive practice that does not support a finding of fraud.

(2) An initial denial determination or change as a result of a DRG validation may be reopened and revised anytime there is a finding that it was obtained through fraud or a similar abusive practice that does not support a finding of fraud.


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