§ 460.28 - Notice of CMS determination on waiver requests.

§ 460.28 Notice of CMS determination on waiver requests.

Cross Reference

Link to an amendment published at 84 FR 25672, June 3, 2019.

(a) Time limit for notification of determinationGeneral. Within 90 days after receipt of a complete waiver request, CMS takes one of the following actions, in the form and manner specified by CMS:

(1) Approves the waiver request.

(2) Conditionally approves the waiver request and notifies the PACE applicant.

(3) Denies the waiver request and notifies the PACE organization or PACE applicant

in writing

of the basis

of

for the denial.

(b) Date of receipt. For purposes of the Additional information requested. A waiver request is only considered complete when CMS receives all information necessary to make a determination regarding approval or denial. If CMS determines that the waiver request is not complete because it does not include sufficient information to make a determination, CMS will request additional information from the PACE organization or PACE applicant. The 90-day time limit described in paragraph (a) of this section , the date that a waiver request is received by CMS from the State administering agency is the date on which the request is delivered to the address designated by CMSwill start when CMS receives the complete waiver request.

(c) Waiver approval.

(1)

A waiver request is deemed approved if CMS fails to act on the request within 90 days after

the date the waiver request is received by CMS. (2) CMS

CMS receives a complete waiver request.

(d) Withdrawal of CMS approval for good cause.

(1) CMS in consultation with the State administering agency may withdraw approval of a waiver for good cause.

[67 FR 61505, Oct. 1, 2002, as amended at 71 FR 71334, Dec. 8, 2006

(2) If the waiver approval is withdrawn, CMS must notify the PACE organization or PACE applicant and the State administering agency that approval of a waiver has been withdrawn and the reason for doing so and must specify the effective date of the withdrawal in the notice.

[84 FR 25672, June 3, 2019]