42 CFR §476.96
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)General timeframe. A QIO or its subcontractor—
- (b)Extended timeframes.
- (1)An initial denial determination or change as a result of a DRG validation may be made after one year but within four years of the date of the claim containing the service in question, if CMS approves.
- (2)A reopening of an initial denial determination or change as a result of a DRG validation may be made after one year but within four years of the date of the QIO's decision if—
- (i)Additional information is received on the patient's condition;
- (ii)Reviewer error occurred in interpretation or application of Medicare coverage policy or review criteria;
- (iii)There is an error apparent on the face of the evidence upon which the initial denial or DRG validation was based; or
- (iv)There is a clerical error in the statement of the initial denial determination or change as a result of a DRG validation.
- (c)Fraud and abuse.
- (1)A QIO or its subcontractor may review and deny payment anytime there is a finding that the claim for service involves fraud or a similar abusive practice that does not support a finding of fraud.
- (2)An initial denial determination or change as a result of a DRG validation may be reopened and revised anytime there is a finding that it was obtained through fraud or a similar abusive practice that does not support a finding of fraud.