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
69776 Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Rules and Regulations 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 14–140, 

adopted October 30, 2014, and released 

October 31, 2014. The full text of this 

document is available for public 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center at Portals II, CY– 

A257, 445 12th Street SW., Washington, 

DC, 20554. This document will also be 

available via ECFS (http://

fjallfoss.fcc.gov/ecfs/). This document 

may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street SW., Room CY–B402, 

Washington, DC 20554, telephone 1– 

800–478–3160 or via the company’s 

Web site, http://www.bcpiweb.com. To 

request materials in accessible formats 

for people with disabilities (braille, 

large print, electronic files, audio 

format), send an email to fcc504@fcc.gov 

or call the Consumer & Governmental 

Affairs Bureau at 202–418–0530 (voice), 

202–418–0432 (tty). 

This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

information collection burden ‘‘for 

small business concerns with fewer than 

25 employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

The Commission will send a copy of 

this Report and Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Television. 

Federal Communications Commission. 

Barbara A. Kreisman, 

Chief, Video Division, Media Bureau. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336, 

and 339. 

§ 73.622 [Amended] 

■ 2. Section 73.622(i), the PostTransition Table of DTV Allotments 

under Missouri is amended by removing 

channel 51 and adding channel 30 at 

Kansas City. 

[FR Doc. 2014–27532 Filed 11–21–14; 8:45 am] 

BILLING CODE 6712–01–P 


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