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CMS Regulations & Guidance- About CMS Hearing Officer

Guidance for information regarding CMS Hearing Officer.

Issued by: Centers for Medicare & Medicaid Services (CMS)

Issue Date: January 15, 2020

The CMS Hearing Officer adjudicates a diverse range of matters brought by healthcare institutions, insurance issuers, state Medicaid agencies, organ procurement organizations, and other entities under various statutory and regulatory authorities for which the Office of Hearings ("OH") serves as Reviewing Official, Reconsideration Official, or Presiding Officer.

 

Appeal Types & Subtypes

Accountable Care Organization Shared Losses

Affordable Care Act ("ACA") Financial Appeals

Cost Plan Reimbursement (e.g., Cost HMO) Appeals

Group Health Plan Non-Conformance Appeals

Health Maintenance Organization Competitive Medical Plan ("HMO-CMP") Appeals

  • Contract Denial;
  • Contract Non-Renewal;
  • Contract Termination; and
  • Intermediate Sanctions

Medicaid State Plan Appeals

  • State Plan Amendment Disapproval; and
  • Compliance Determination

Medicare Administrative Contractor Termination Appeals

Medicare Advantage/Prescription Drug Plan ("MA/PD") Contract Determination Appeals (see link in left menu)

  • Contract Denial (Initial Application);
  • Contract Denial (Service Area Expansion);
  • Contract Non-Renewal;
  • Contract Termination; and
  • Intermediate Sanctions

Medicare Advantage Risk Adjustment Data Validation ("MA RADV") Appeals (see link in left menu)

Medicare Part D Reconciliation Payment Appeals

Medicare Provider Cost Report (< $10K) Appeals

Organ Procurement Organization ("OPO") Appeals

  • Cost Report Reimbursement; and
  • Decertification

Programs of All-Inclusive Care for the Elderly ("PACE") Appeals

  • Contract Termination; and
  • Sanctions

Retiree Drug Subsidy ("RDS") Appeals

Other Ad Hoc Appeals

 

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DISCLAIMER: The contents of this database lack the force and effect of law, except as authorized by law (including Medicare Advantage Rate Announcements and Advance Notices) or as specifically incorporated into a contract. The Department may not cite, use, or rely on any guidance that is not posted on the guidance repository, except to establish historical facts.