§ 488.1050 Reconsideration. ( a ) *General rule.* A home infusion therapy accrediting organization dissatisfied with a determination that its home infusion therapy accreditation requirements do not provide or do not continue to provide reasonable assurance that the suppliers accredited by the home infusion therapy accrediting organization meet the applicable quality standards is entitled to reconsideration.
( b ) *Filing requirements.* ( 1 ) A written request for reconsideration must be filed within 30 calendar days of the receipt of CMS notice of an adverse determination or non-renewal.
( 2 ) The written request for reconsideration must specify the findings or issues with which the home infusion therapy accrediting organization disagrees and the reasons for the disagreement.
( 3 ) A requestor may withdraw its written request for reconsideration at any time before the issuance of a reconsideration determination.
( c ) *CMS response to a request for reconsideration.* In response to a request for reconsideration, CMS provides the accrediting organization with— ( 1 ) The opportunity for a hearing to be conducted by a hearing officer appointed by the Administrator of CMS and provide the accrediting organization the opportunity to present, in writing and in person, evidence or documentation to refute the determination to deny approval, or to withdraw or not renew designation; and
( 2 ) Written notice of the time and place of the hearing at least 10 business days before the scheduled date.
( d ) *Hearing requirements and rules.* ( 1 ) The reconsideration hearing is a public hearing open to all of the following: ( i ) Authorized representatives and staff from CMS, including, but not limited to, the following: ( A ) Technical advisors (individuals with knowledge of the facts of the case or presenting interpretation of the facts).
( B ) Legal counsel.
( C ) Non-technical witnesses with personal knowledge of the facts of the case.
( ii ) Representatives from the accrediting organization requesting the reconsideration including, but not limited to, the following: ( A ) Authorized representatives and staff from the accrediting organization.
( B ) Technical advisors (individuals with knowledge of the facts of the case or presenting interpretation of the facts).
( C ) Legal counsel.
( D ) Non-technical witnesses, such as patients and family members that have personal knowledge of the facts of the case.
( 2 ) The hearing is conducted by the hearing officer who receives testimony and documents related to the proposed action.
( 3 ) Testimony and other evidence may be accepted by the hearing officer even though such evidence may be inadmissible under the Federal Rules of Civil Procedure.
( 4 ) The hearing officer does not have the authority to compel by subpoena the production of witnesses, papers, or other evidence.
( 5 ) Within 45 calendar days after the close of the hearing, the hearing officer will present the findings and recommendations to the accrediting organization that requested the reconsideration.
( 6 ) The written report of the hearing officer will include separate numbered findings of fact and the legal conclusions of the hearing officer.
( 7 ) The hearing officer's decision is final.