§ 424.526 Return of a provider's or supplier's enrollment application. ( a ) *Reasons for return.* CMS may return a provider's or supplier's enrollment application for any of the following reasons: ( 1 ) The provider or supplier sent its paper Form CMS-855, Form CMS-588, or Form CMS-20134 application to the incorrect Medicare contractor for processing.
( 2 ) The Medicare contractor received the application more than 60 days prior to the effective date listed on the application. (This paragraph (a)(2) does not apply to providers and suppliers submitting a Form CMS-855A application, ambulatory surgical centers, or portable x-ray suppliers.)
( 3 ) The seller or buyer in a change of ownership submitted its Form CMS-855A or Form CMS-855B application more than 90 days prior to the anticipated date of the sale.
( 4 ) The Medicare contractor received an initial application more than 180 days prior to the effective date listed on the application from a provider or supplier submitting a Form CMS-855A application, an ambulatory surgical center, or a portable x-ray supplier.
( 5 ) The Medicare contractor confirms that the provider or supplier submitted an initial enrollment application prior to the expiration of the time period in which it is entitled to appeal the denial of its previously submitted application.
( 6 ) The provider or supplier submitted an initial enrollment application prior to the expiration of their existing re-enrollment bar under § 424.535 or reapplication bar under § 424.530(f).
( 7 ) The application is not needed for (or is inapplicable to) the transaction in question.
( 8 ) The provider or supplier submitted a revalidation application more than 7 months prior to the provider's or supplier's revalidation due date.
( 9 ) A Medicare Diabetes Prevention Program supplier submitted an application with a coach start date more than 30 days in the future.
( 10 ) The provider or supplier requests that their application be withdrawn prior to or during the Medicare contractor's processing thereof.
( 11 ) The provider or supplier submits an application that is an exact duplicate of an application that has already been processed or is currently being processed or is pending processing.
( 12 ) The provider or supplier submits a paper Form CMS-855 or Form CMS-20134 enrollment application that is outdated or has been superseded by a revised version.
( 13 ) The provider or supplier submits a Form CMS-855A or Form CMS-855B initial application followed by a Form CMS-855A or Form CMS-855B change of ownership application. If the Medicare contractor— ( i ) Has not yet made a recommendation for approval concerning the initial application, both applications may be returned.
( ii ) Has made a recommendation for approval concerning the initial application, the Medicare contractor may return the change of ownership application. If, per the Medicare contractor's written request, the provider or supplier fails to submit a new initial Form CMS-855A or Form CMS-855B application containing the new owner's information within 30 days of the date of the letter, the Medicare contractor may return the originally submitted initial Form CMS-855A or Form CMS-855B application.
( b ) *Appeals.* A provider or supplier is not afforded appeal rights if their application is returned under this section.
( c ) *Applicability.* Except as otherwise specified in the applicable return reason under paragraph (a) of this section, this section applies to all CMS Medicare provider enrollment application submissions including, but not limited to, the following: ( 1 ) Form CMS-855 initial applications, change of information requests, changes of ownership, revalidations, and reactivations.
( 2 ) Form CMS-588 submissions.
( 3 ) Form CMS-20134 submissions.
( 4 ) Any electronic or successor versions of the forms identified in paragraphs (c)(1) through (3) of this section.
[86 FR 62420, Nov. 9, 2021]