§ 484.375 Appeals process for the Expanded Home Health Value-Based Purchasing (HHVBP) Model. ( a ) *Requests for recalculation* — ( 1 ) *Matters for recalculation.* Subject to the limitations on judicial and administrative review under section 1115A of the Act, a HHA may submit a request for recalculation under this section if it wishes to dispute the calculation of the following: ( i ) Interim performance scores.
( ii ) Annual total performance scores.
( iii ) Application of the formula to calculate annual payment adjustment percentages.
( 2 ) *Time for filing a request for recalculation.* A recalculation request must be submitted in writing within 15 calendar days after CMS posts the HHA-specific information on the CMS website, in a time and manner specified by CMS.
( 3 ) *Content of request.* ( i ) The provider's name, address associated with the services delivered, and CMS Certification Number (CCN).
( ii ) The basis for requesting recalculation to include the specific data that the HHA believes is inaccurate or the calculation the HHA believes is incorrect.
( iii ) Contact information for a person at the HHA with whom CMS or its agent can communicate about this request, including name, email address, telephone number, and mailing address (must include physical address, not just a post office box).
( iv ) The HHA may include in the request for recalculation additional documentary evidence that CMS should consider. Such documents may not include data that was to have been filed by the applicable data submission deadline, but may include evidence of timely submission.
( 4 ) *Scope of review for recalculation.* In conducting the recalculation, CMS reviews the applicable measures and performance scores, the evidence and findings upon which the determination was based, and any additional documentary evidence submitted by the HHA. CMS may also review any other evidence it believes to be relevant to the recalculation.
( 5 ) *Recalculation decision.* CMS issues a written notification of findings. A recalculation decision is subject to the request for reconsideration process in accordance with paragraph (b) of this section.
( b ) *Requests for reconsideration* — ( 1 ) *Matters for reconsideration.* A home health agency may request reconsideration of the recalculation of its annual total performance score and payment adjustment percentage following a decision on the HHA's recalculation request submitted under paragraph (a) of this section, or the decision to deny the recalculation request submitted under paragraph (a) of this section.
( 2 ) *Time for filing a request for reconsideration.* The request for reconsideration must be submitted via the CMS website within 15 calendar days from CMS' notification to the HHA contact of the outcome of the recalculation process.
( 3 ) *Content of request.* ( i ) The name of the HHA, address associated with the services delivered, and CMS Certification Number (CCN).
( ii ) The basis for requesting reconsideration to include the specific data that the HHA believes is inaccurate or the calculation the HHA believes is incorrect.
( iii ) Contact information for a person at the HHA with whom CMS or its agent can communicate about this request, including name, email address, telephone number, and mailing address (must include physical address, not just a post office box).
( iv ) The HHA may include in the request for reconsideration additional documentary evidence that CMS should consider. The documents may not include data that was to have been filed by the applicable data submission deadline, but may include evidence of timely submission.
( 4 ) *Scope of review for reconsideration.* In conducting the reconsideration review, CMS reviews the applicable measures and performance scores, the evidence and findings upon which the determination was based, and any additional documentary evidence submitted by the HHA. CMS may also review any other evidence it believes to be relevant to the reconsideration. The HHA must prove its case by a preponderance of the evidence with respect to issues of fact.
( 5 ) *Reconsideration decision.* ( i ) CMS reconsideration officials issue a written decision that is final and binding upon issuance unless the CMS Administrator— ( A ) Renders a final determination reversing or modifying the reconsideration decision; or
( B ) Does not review the reconsideration decision within 14 days of the request.
( ii ) An HHA may request that the CMS Administrator review the reconsideration decision within 7 calendar days of the decision.
( iii ) If the CMS Administrator receives a request to review, the CMS Administrator must do one of the following: ( A ) Render a final determination based on his or her review of the reconsideration decision.
( B ) Decline to review a reconsideration decision made by CMS.
( C ) Choose to take no action.
( iv ) If the CMS Administrator does not review an HHA's request within 14 days (as described in paragraph (b)(5)(iii)(B) or (C) of this section), the reconsideration official's written reconsideration decision is final.
[86 FR 62422, Nov. 9, 2021, as amended at 88 FR 77879, Nov. 13, 2023]