Smith, Jack -- GA

Thank you for the opportunity to comment. In this proposed rule, CMS states, "based on our own data analysis including analysis of historical trends and CMS's own experience with provider screening and enrollment we believe that the following suppliers currently pose a limited risk to the Medicare program." CMS then goes on to list a number of provider types; however, CMS never provides the documentation which it based its conclusion for establishing categories of risk. By not providing this information, CMS is violating the Administrative Procedures Act. Accordingly, I recommend that CMS furnish the following information by provider/supplier type to justify its conclusion and to inform the public why certain providers are a limited risk to the Medicare program. Medicare Revocation Medicare Deactivation Medicare Payment Suspension Medicare Civil Monetary Penalty OIG Mandatory Exclusion OIG Permissive Exclusion Indicment Felony Conviction