69772 Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Rules and Regulations 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not concern an 

environmental health risk or safety risk. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes the human health or 

environmental risk addressed by this 

action will not have potential 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income or indigenous 

populations because it does not affect 

the level of protection provided to 

human health or the environment. The 

EPA’s evaluation of environmental 

justice considerations is contained in 

section IV of this document. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

L. Judicial Review 

Section 307(b)(l) of the CAA indicates 

which federal Courts of Appeal have 

venue for petitions of review of final 

agency actions by the EPA under the 

CAA. This section provides, in part, that 

petitions for review must be filed in the 

Court of Appeals for the District of 

Columbia Circuit (i) when the agency 

action consists of ‘‘nationally applicable 

regulations promulgated, or final actions 

taken, by the Administrator,’’ or (ii) 

when such action is locally or regionally 

applicable, if ‘‘such action is based on 

a determination of nationwide scope or 

effect and if in taking such action the 

Administrator finds and publishes that 

such action is based on such a 

determination.’’ 

The EPA has determined that this 

final rule consisting of findings of 

failure to submit certain of the required 

infrastructure SIP provisions is 

‘‘nationally applicable’’ within the 

meaning of section 307(b)(1). This rule 

affects the District of Columbia and 

seven states across the country that are 

located in seven of the ten EPA Regions, 

five different federal circuits, and 

multiple time zones. In addition, the 

rule addresses a common core of 

knowledge and analysis involved in 

formulating the decision and a common 

interpretation of the requirements of 40 

CFR part 51, Appendix V applied to 

determining the completeness of SIPs in 

states across the country. 

This determination is appropriate 

because in the 1977 CAA Amendments 

that revised CAA section 307(b)(l), 

Congress noted that the Administrator’s 

determination that an action is of 

‘‘nationwide scope or effect’’ would be 

appropriate for any action that has 

‘‘scope or effect beyond a single judicial 

circuit.’’ H.R. Rep. No. 95–294 at 323– 

324, reprinted in 1977 U.S.C.C.A.N. 

1402–03. Here, the scope and effect of 

this action extends to the five judicial 

circuits that include the states across the 

country affected by this action. In these 

circumstances, section 307(b)(1) and its 

legislative history authorize the 

Administrator to find the rule to be of 

‘‘nationwide scope or effect’’ and thus to 

indicate that venue for challenges lies in 

the D.C. Circuit. Accordingly, the EPA 

is determining that this is a rule of 

nationwide scope or effect. Under 

section 307(b)(1) of the CAA, petitions 

for judicial review of this action must be 

filed in the United States Court of 

Appeals for the District of Columbia 

Circuit within 60 days from the date this 

final action is published in the Federal 

Register. Filing a petition for review by 

the Administrator of this final action 

does not affect the finality of the action 

for the purposes of judicial review nor 

does it extend the time within which a 

petition for judicial review must be 

filed, and shall not postpone the 

effectiveness of such rule or action. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Approval 

and promulgation of implementation 

plans, Administrative practice and 

procedures, Air pollution control, 

Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: November 14, 2014. 

Janet G. McCabe, 

Acting Assistant Administrator. 

[FR Doc. 2014–27679 Filed 11–21–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 424 

[CMS–6006–F3] 

Medicare Program; Surety Bond 

Requirement for Suppliers of Durable 

Medical Equipment, Prosthetics, 

Orthotics, and Supplies (DMEPOS); 

Technical Amendment 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: This technical amendment 

corrects codification, terminology, and 

technical errors in the requirements for 

suppliers of durable medical equipment, 

prosthetics, orthotics, and supplies 

(DMEPOS) at 42 CFR 424.57. 

DATES: This technical amendment is 

effective November 24, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Frank Whelan, (410) 786–1302. 

SUPPLEMENTARY INFORMATION: 

I. Background 

For purposes of the durable medical 

equipment, prosthetics, orthotics and 

supplies (DMEPOS) supplier standards, 

the term ‘‘DMEPOS supplier’’ is defined 

in § 424.57(a) as an entity or individual, 

including a physician or Part A 

provider, that sells or rents Part B 

covered DMEPOS items to Medicare 

beneficiaries and that meet the DMEPOS 

supplier standards. The term 

‘‘DMEPOS’’ encompasses the types of 

items included in the definition of 

medical equipment and supplies in 

section 1834(j)(5) of the Act. 

The term durable medical equipment 

is defined at section 1861(n) of the Act. 

Prosthetic devices are defined in section 

1861(s)(8) of the Act as ‘‘devices (other 

than dental) which replace all or part of 

an internal body organ (including 

colostomy bags and supplies directly 

related to colostomy care), including 

replacement of such devices, and 

including one pair of conventional 

eyeglasses or contact lenses furnished 

subsequent to each cataract surgery with 

insertion of an intraocular lens.’’ 


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Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Rules and Regulations 69773 

II. Summary of Technical Errors in the 

Regulations Text at § 424.57 

In the January 2, 2009 Federal 

Register (74 FR 166), we published a 

final rule that implemented section 

1834(a)(16) of the Act by requiring 

certain Medicare DMEPOS suppliers to 

furnish CMS with a surety bond. In 

codifying the regulatory changes 

included the January 2, 2009 final rule, 

the Office of the Federal Register (OFR) 

found an inaccurate amendatory 

instruction for the amendments to 

§ 424.57(d) and (e). OFR therefore, 

added the regulatory text via an 

editorial note in Code of Federal 

Regulations (CFR). Subsequently, we 

published a correcting amendment in 

the March 27, 2009 Federal Register (74 

FR 13345) to correct the amendatory 

instruction errors made in the January 2, 

2009 final rule. The correcting 

amendment redesignated § 424.57(d) 

and (e) as § 424.57(e) and (g). However, 

the provisions of the correcting 

amendment were inadvertently omitted 

in OFR’s revisions to the CFR; therefore, 

the editorial note was retained. 

In the August 27, 2010 Federal 

Register (75 FR 52629), we published a 

final rule that clarified, expanded, and 

added to the existing enrollment 

requirements that DMEPOS suppliers 

must meet to establish and maintain 

billing privileges in the Medicare 

program. In the August 27, 2010 final 

rule, we included an amendment for 

§ 424.57(e). This amendment revised the 

‘‘failure to meet standards’’ provision 

which was redesignated as paragraph (e) 

in the March 27, 2009 correcting 

amendment. The revisions to § 424.57(e) 

specified the revocation and 

overpayment requirements associated 

with the failure of a supplier to meet the 

standards in § 424.57(b) and (c). (For 

more detailed information, see the 

August 27, 2010 final rule (75 FR 

52649).) However, the amendment to 

paragraph (e) was inadvertently omitted 

from OFR’s revisions to § 424.57 in the 

CFR. 

In the February 2, 2011 Federal 

Register (76 FR 5862), we published a 

final rule with comment period that, 

among other things, stated our policy for 

revalidation of billing privileges. This 

final rule included an amendment to the 

provision regarding revalidation of 

billing privileges which is currently 

printed in the CFR at § 424.57(e). The 

revisions were incorporated for the 

correct provision. However, § 424.57(e) 

should have been redesignated as 

§ 424.57(g) in accordance with the 

provision included in our March 27, 

2009 correcting amendment. 

As a result of the codification and 

technical errors for § 424.57(d) and (e) 

specified previously, the regulations 

text of this technical amendment sets 

forth the following: 

• The surety bond requirements 

specified in the January 2, 2009 final 

rule as § 424.57(d). 

• The ‘‘failure to meet standards’’ 

requirement specified in the August 27, 

2010 final rule as § 424.57(e). 

• The ‘‘revalidation of billing 

privileges’’ language specified in the 

February 2, 2011 final rule as 

§ 424.57(g). 

In our review of § 424.57(d) and (e), 

we also determined that there were 

other terminology and technical errors 

that needed to be addressed. Therefore, 

we are including the following 

additional changes in the regulations 

text of this technical amendment: 

• Removal of the term ‘‘National 

Supplier Clearinghouse (NSC)’’ from the 

definitions in § 424.57(a). We are also 

replacing term ‘‘NSC’’ with ‘‘CMS 

contractor’’ in § 424.57(d). Removing the 

name of the contractor and using the 

term ‘‘CMS contractor’’ more accurately 

reflects the possibility that different 

CMS contractors may handle these 

issues and eliminates the need to make 

regulatory text changes when we make 

contractual changes. 

• Changing the terms ‘‘supplier’’ and 

‘‘DME supplier’’ to ‘‘DMEPOS 

supplier.’’ We note that throughout 

§ 424.57(d), the terms ‘‘supplier,’’ ‘‘DME 

supplier,’’ and ‘‘DMEPOS supplier’’ are 

used interchangeably, though they have 

the same meaning for purposes of the 

applicability of § 424.57(d). However, 

we are making the change to ensure 

consistent terminology and accuracy. 

We believe that this terminology change 

would clarify that § 424.57(d) does not 

apply to all Medicare suppliers but does 

apply to all Medicare DMEPOS 

suppliers. 

• Updating Office of Management and 

Budget (OMB) number for the Medicare 

enrollment application form referenced 

in § 424.57(d)(2)(i) from OMB number 

0938–0685 to OMB control number 

0938–1056. The OMB control number is 

out of date and at our request given a 

separate new control number. 

• Revising the cross-references in 

§ 424.515 (introductory text and 

paragraph (d)(3). 

III. Waiver of Proposed Rulemaking 

and Delay in Effective Date 

We ordinarily publish a notice of 

proposed rulemaking in the Federal 

Register to provide a period for public 

comment before the provisions of a rule 

take effect in accordance with section 

553(b) of the Administrative Procedure 

Act (APA) (5 U.S.C. 553(b)). However, 

we can waive this notice and comment 

procedure if the Secretary finds, for 

good cause, that the notice and 

comment process is impracticable, 

unnecessary, or contrary to the public 

interest, and incorporates a statement of 

the finding and the reasons therefore in 

the notice. 

Section 553(d) of the APA ordinarily 

requires a 30-day delay in effective date 

of final rules after the date of their 

publication in the Federal Register. 

This 30-day delay in effective date can 

be waived, however, if an agency finds 

for good cause that the delay is 

impracticable, unnecessary, or contrary 

to the public interest, and the agency 

incorporates a statement of the findings 

and its reasons in the rule issued. 

This action merely corrects 

codification, terminology, and technical 

errors in 42 CFR 424.57. We are 

correcting regulatory paragraph 

designations, an omission, and a 

technical correction to previously 

published regulatory text as well as 

making terminology and crossreferences changes. These revisions in 

no way change the policies or 

substantive regulatory text finalized in 

the January 2, 2009, August 27, 2010, 

and February 2, 2011 final rules. Since 

this technical amendment corrects 

codification and other technical errors 

and incorporates regulatory text that 

was inadvertently omitted, we find that 

both public comment and a delay in 

effective date of this technical 

amendment is unnecessary. Therefore, 

we find there is good cause to waive 

notice and comment procedures and the 

30-day delay in effective date for this 

action. 

List of Subjects in 42 CFR Part 424 

Emergency medical services, Health 

facilities, Health professions, Medicare. 

For the reasons set forth in the 

preamble, the Centers for Medicare & 

Medicaid Services amends 42 CFR part 

424 as set forth below: 

PART 424—CONDITIONS FOR 

MEDICARE PAYMENT 

■ 1. The authority citation for part 424 

continues to read as follows: 

Authority: Secs. 1102 and 1871 of the 

Social Security Act (42 U.S.C. 1302 and 

1395hh). 

■ 2. Amend § 424.57 by— 

■ A. In paragraph (a) by removing the 

definition of ‘‘National Supplier 

Clearinghouse’’ (NSC). 

■ B. Revising paragraphs (d) and (e). 

■ C. Adding paragraph (g). 

The revisions and addition read as 

follows: 


asabaliauskas on DSK5VPTVN1PROD with RULES
69774 Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Rules and Regulations 

§ 424.57 Special payment rules for items 

furnished by DMEPOS suppliers and 

issuance of DMEPOS supplier billing 

privileges. 

* * * * * 

(d) Surety bonds requirements—(1) 

Effective date of surety bond 

requirements—(i) DMEPOS suppliers 

seeking enrollment or with a change in 

ownership. Except as provided in 

paragraph (d)(15) of this section, 

beginning May 4, 2009, DMEPOS 

suppliers seeking to enroll or to change 

the ownership of a supplier of DMEPOS 

must meet the requirements of 

paragraph (d) of this section for each 

assigned NPI for which the DMEPOS 

supplier is seeking to obtain Medicare 

billing privileges. 

(ii) Existing DMEPOS suppliers. 

Except as provided in paragraph (d)(15) 

of this section, beginning October 2, 

2009, each Medicare-enrolled DMEPOS 

supplier must meet the requirements of 

paragraph (d) of this section for each 

assigned NPI to which Medicare has 

granted billing privileges. 

(2) Minimum requirements for a 

DMEPOS supplier. (i) A DMEPOS 

supplier enrolling in the Medicare 

program, making a change in 

ownership, or responding to a 

revalidation or reenrollment request 

must submit to the CMS contractor a 

surety bond from an authorized surety 

of $50,000 and, if required by the CMS 

contractor, an elevated bond amount as 

described in paragraph (d)(3) of this 

section with its paper or electronic 

Medicare enrollment application (CMS– 

855S, OMB number 0938–1056). The 

term of the initial surety bond must be 

effective on the date that the application 

is submitted to the CMS contractor. 

(ii) A supplier that seeks to become an 

enrolled DMEPOS supplier through a 

purchase or transfer of assets or 

ownership interest must submit to the 

CMS contractor surety bond from an 

authorized surety of $50,000 and, if 

required by the CMS contractor, an 

elevated bond amount as described in 

paragraph (d)(3) of this section that is 

effective from the date of the purchase 

or transfer in order to exercise billing 

privileges as of that date. If the bond is 

effective at a later date, the effective 

date of the new DMEPOS supplier 

billing privileges is the effective date of 

the surety bond as validated by the CMS 

contractor. 

(iii) A DMEPOS supplier enrolling a 

new practice location must submit to 

the CMS contractor a new surety bond 

from an authorized surety or an 

amendment or rider to the existing 

bond, showing that the new practice 

location is covered by an additional 

base surety bond of $50,000 or, as 

necessary, an elevated surety bond 

amount as described in paragraph (d)(3) 

of this section. 

(3) Elevated surety bond amounts. (i) 

If required, a DMEPOS supplier must 

obtain and maintain a base surety bond 

in the amount of $50,000 as specified in 

paragraph (d)(2) of this section and an 

elevated surety bond in the amount 

prescribed by the CMS contractor as 

described in paragraph (d)(3)(ii) of this 

section. 

(ii) The CMS contractor prescribes an 

elevated surety bond amount of $50,000 

per occurrence of an adverse legal 

action within the 10 years preceding 

enrollment, revalidation, or 

reenrollment, as defined in paragraph 

(a) of this section. 

(4) Type and terms of the surety 

bond—(i) Type of bond. A DMEPOS 

supplier must submit a bond that is 

continuous. 

(ii) Minimum requirements of liability 

coverage. (A) The terms of the bond 

submitted by a DMEPOS supplier for 

the purpose of complying with this 

section must meet the minimum 

requirements of liability coverage 

($50,000) and surety and DMEPOS 

supplier responsibility as set forth in 

this section. 

(B) CMS requires a DMEPOS supplier 

to submit a bond that on its face reflects 

the requirements of this section. CMS 

revokes or denies a DMEPOS supplier’s 

billing privileges based upon the 

submission of a bond that does not 

reflect the requirements of paragraph (d) 

of this section. 

(5) Specific surety bond requirements. 

(i) The bond must guarantee that the 

surety will, within 30 days of receiving 

written notice from CMS containing 

sufficient evidence to establish the 

surety’s liability under the bond of 

unpaid claims, CMPs, or assessments, 

pay CMS a total of up to the full penal 

amount of the bond in the following 

amounts: 

(A) The amount of any unpaid claim, 

plus accrued interest, for which the 

DMEPOS supplier is responsible. 

(B) The amount of any unpaid claims, 

CMPs, or assessments imposed by CMS 

or OIG on the DMEPOS supplier, plus 

accrued interest. 

(ii) The bond must provide the 

following: The surety is liable for 

unpaid claims, CMPs, or assessments 

that occur during the term of the bond. 

(iii) If the DMEPOS supplier fails to 

furnish a bond meeting the 

requirements of paragraph (d) of this 

section, fails to submit a rider when 

required, or if the DMEPOS supplier’s 

billing privileges are revoked, the last 

bond or rider submitted by the DMEPOS 

supplier remains in effect until the last 

day of the surety bond coverage period 

and the surety remains liable for unpaid 

claims, CMPs, or assessments that— 

(A) CMS or the OIG imposes or asserts 

against the DMEPOS supplier based on 

overpayments or other events that took 

place during the term of the bond or 

rider; and 

(B) Were imposed or assessed by CMS 

or the OIG during the 2 years following 

the date that the DMEPOS supplier 

failed to submit a bond or required 

rider, or the date the DMEPOS 

supplier’s billing privileges were 

terminated, whichever is later. 

(6) Cancellation of a bond and lapse 

of surety bond coverage. (i) A DMEPOS 

supplier may cancel its surety bond and 

must provide written notice at least 30 

days before the effective date of the 

cancellation to the CMS contractor and 

the surety. 

(ii) Cancellation of a surety bond is 

grounds for revocation of the DMEPOS 

supplier’s Medicare billing privileges 

unless the DMEPOS supplier provides a 

new bond before the effective date of the 

cancellation. The liability of the surety 

continues through the termination 

effective date. 

(iii) If CMS receives notification of a 

lapse in bond coverage from the surety, 

the DMEPOS supplier’s billing 

privileges are revoked. During this 

lapse, Medicare does not pay for items 

or services furnished during the gap in 

coverage, and the DMEPOS supplier is 

held liable for the items or services (that 

is, the DMEPOS supplier would not be 

permitted to charge the beneficiary for 

the items or services). 

(iv) The surety must immediately 

notify the CMS contractor if there is a 

lapse in the surety’s coverage of the 

DMEPOS supplier’s coverage. 

(7) Actions under the surety bond. 

The bond must provide that actions 

under the bond may be brought by CMS 

or by CMS contractors. 

(8) Required surety information on the 

surety bond. The bond must provide the 

surety’s name, street address or post 

office box number, city, state, and zip 

code. 

(9) Change of surety. A DMEPOS 

supplier that obtains a replacement 

surety bond from a different surety to 

cover the remaining term of a previously 

obtained bond must submit the new 

surety bond to the CMS contractor at 

least 30 days prior to the expiration of 

the previous surety bond. There must be 

no gap in the coverage of the surety 

bond periods. If a gap in coverage exists, 

the CMS contractor revokes the 

DMEPOS supplier’s billing privileges 

and does not pay for any items or 

services furnished by the DMEPOS 

supplier during the period for which no 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Rules and Regulations 69775 

bond coverage was available. If a 

DMEPOS supplier changes its surety 

during the term of the bond, the new 

surety is responsible for any 

overpayments, CMPs, or assessments 

incurred by the DMEPOS supplier 

beginning with the effective date of the 

new surety bond. The previous surety is 

responsible for any overpayments, 

CMPs, or assessments that occurred up 

to the date of the change of surety. 

(10) Parties to the surety bond. The 

surety bond must name the DMEPOS 

supplier as Principal, CMS as Obligee, 

and the surety (and its heirs, executors, 

administrators, successors and 

assignees, jointly and severally) as 

surety. 

(11) Effect of DMEPOS supplier’s 

failure to obtain, maintain, and timely 

file a surety bond. 

(i) CMS revokes the DMEPOS 

supplier’s billing privileges if an 

enrolled DMEPOS supplier fails to 

obtain, file timely, or maintain a surety 

bond as specified in this subpart and 

CMS instructions. Notwithstanding 

paragraph (e) of this section, the 

revocation is effective the date the bond 

lapsed and any payments for items 

furnished on or after that date must be 

repaid to CMS by the DMEPOS supplier. 

(ii) CMS denies billing privileges to a 

DMEPOS supplier if the supplier 

seeking to become an enrolled DMEPOS 

supplier fails to obtain and file timely 

a surety bond as specified with this 

subpart and CMS instructions. 

(12) Evidence of DMEPOS supplier’s 

compliance. CMS may at any time 

require a DMEPOS supplier to show 

compliance with the requirements of 

paragraph (d) of this section. 

(13) Effect of subsequent DMEPOS 

supplier payment. If a surety has paid 

an amount to CMS on the basis of 

liability incurred under a bond and 

CMS subsequently collects from the 

DMEPOS supplier, in whole or in part, 

on the unpaid claim, CMPs, or 

assessment that was the basis for the 

surety’s liability, CMS reimburses the 

surety the amount that it collected from 

the DMEPOS supplier, up to the amount 

paid by the surety to CMS, provided the 

surety has no other liability to CMS 

under the bond. 

(14) Effect of review reversing 

determination. If a surety has paid CMS 

on the basis of liability incurred under 

a surety bond and to the extent the 

DMEPOS supplier that obtained the 

bond is subsequently successful in 

appealing the determination that was 

the basis of the unpaid claim, CMP, or 

assessment that caused the DMEPOS 

supplier to pay CMS under the bond, 

CMS refunds the DMEPOS supplier the 

amount the DMEPOS supplier paid to 

CMS to the extent that the amount 

relates to the matter that was 

successfully appealed, provided all 

review, including judicial review, has 

been completed on the matter. 

(15) Exception to the surety bond 

requirement—(i) Qualifying entities and 

requirements. (A) Government-operated 

DMEPOS suppliers are provided an 

exception to the surety bond 

requirement if the DMEPOS supplier 

has provided CMS with a comparable 

surety bond under State law. 

(B) State-licensed orthotic and 

prosthetic personnel in private practice 

making custom made orthotics and 

prosthetics are provided an exception to 

the surety bond requirement if— 

(1) The business is solely-owned and 

operated by the orthotic and prosthetic 

personnel, and 

(2) The business is only billing for 

orthotic, prosthetics, and supplies. 

(C) Physicians and nonphysician 

practitioners as defined in section 

1842(b)(18) of the Act are provided an 

exception to the surety bond 

requirement when items are furnished 

only to the physician or nonphysician 

practitioner’s own patients as part of his 

or her physician service. 

(D) Physical and occupational 

therapists in private practice are 

provided an exception to the surety 

bond requirement if— 

(1) The business is solely-owned and 

operated by the physical or 

occupational therapist; 

(2) The items are furnished only to the 

physical or occupational therapist’s own 

patients as part of his or her 

professional service; and 

(3) The business is only billing for 

orthotics, prosthetics, and supplies. 

(ii) Loss of a DMEPOS supplier 

exception. A DMEPOS supplier that no 

longer qualifies for an exception as 

described in paragraph (d)(15)(i) of this 

section must submit a surety bond to the 

CMS contractor in accordance with 

requirements of paragraph (d) of this 

section within 60 days after it knows or 

has reason to know that it no longer 

meets the criteria for an exception. 

(e) Failure to meet standards—(1) 

Revocation. CMS revokes a supplier’s 

billing privileges if it is found not to 

meet the standards in paragraphs (b) 

and (c) of this section. Except as 

otherwise provided in this section, the 

revocation is effective 30 days after the 

entity is sent notice of the revocation, as 

specified in § 405.874 of this 

subchapter. 

(2) Overpayments associated with 

final adverse actions. CMS or a CMS 

contractor may reopen (in accordance 

with § 405.980 of this chapter) all 

Medicare claims paid on or after the 

date of a final adverse action (as defined 

in paragraph (a) of this section) in order 

to establish an overpayment 

determination. 

* * * * * 

(g) Revalidation of billing privileges. A 

supplier must revalidate its application 

for billing privileges every 3 years after 

the billing privileges are first granted. 

(Each supplier must complete a new 

application for billing privileges 3 years 

after its last revalidation.) 

§ 424.515 [Amended] 

■ 3. In § 424.515, the introductory text 

and in paragraph (d)(3), the crossreference ‘‘§ 424.57(e)’’ is removed and 

the cross-reference ‘‘§ 424.57(g)’’ is 

added in its place. 

Dated: November 14, 2014. 

C’Reda Weeden, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2014–27737 Filed 11–21–14; 8:45 am] 

BILLING CODE 4120–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 14–140; RM–11733; DA 14– 

1578] 

Television Broadcasting Services; 

Kansas City, Missouri 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: A petition for rulemaking was 

filed by ION Media Kansas City License, 

Inc. (‘‘ION Media’’), the licensee of 

KPXE–TV, channel 51, Kansas City, 

Missouri, requesting the substitution of 

channel 30 for channel 51 at Kansas 

City. ION Media filed comments 

reaffirming its interest in the proposed 

channel substitution and explained that 

the channel substitution will allow it to 

serve all viewers currently receiving 

digital service while eliminating any 

potential interference with wireless 

operations in the Lower 700 MHZ A 

Block located adjacent to channel 51 in 

Kansas City. ION Media states that it 

will file an application for a 

construction permit for channel 30 and 

implement the change in accordance 

with the Commission’s rules upon 

adoption of the channel substitution. 

DATES: This rule is effective November 

24, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Bernstein, Joyce.Bernstein@

fcc.gov, Media Bureau, (202) 418–1647. 


asabaliauskas on DSK5VPTVN1PROD with RULES