on the changes can be found. When a measure undergoes subregulatory maintenance, CMS will provide notification of the measure specification update on the QualityNet Web site and in the ASCQR Program Specifications Manual, and will provide sufficient lead time for ASCs to implement the revisions where changes to the data collection systems would be necessary.

(1) A party requests review by the Departmental Appeals Board within the time period specified in 422.846, and the Board reviews the case; (2) The Departmental Appeals Board denies the request for review and the party seeks judicial review by filing an action in a United States District Court or, in the case of a civil money penalty, in a United States Court of Appeals; (3) The decision is revised by an

) Grants a hearing in the case of an ALJ revision; and (ii) Grants opportunity to appear in the case of a Board revision. (b) Basis for revised decision and right to review. (1) If a revised decision is necessary, the ALJ or the Departmental Appeals Board, as appropriate, renders it on the basis of the entire record. (2) If the

. (2) If the other entity wishes to participate in Medicare as a PDP sponsor, it must apply for and enter into a contract in accordance with §423.502. (c) Effect of partial lease of facilities. If the PDP sponsor leases part of its facilities to another entity, its contract with CMS remains in

(1) A party requests review by the Departmental Appeals Board within the time period specified in 423.1076, and the Board reviews the case; (2) The Departmental Appeals Board denies the request for review and the party seeks judicial review by filing an action in a United States District Court or, in the case of a civil money penalty, in a United States Court of Appeals; (3) The decision is revised by an

(a) An ACO must be a legal entity, formed under applicable State, Federal, or Tribal law, and authorized to conduct business in each State in which it operates for purposes of the following: (1) Receiving and distributing shared savings. (2) Repaying shared losses or other monies determined to be owed to CMS. (3) Establishing, reporting, and ensuring provider

Medicaid expenditures. Disputes that pertain to disallowances of FFP in Medicaid expenditures (mandatory grants) are heard by the Departmental Appeals Board (the Board) in accordance with procedures set forth in 45 CFR part 16. (c) Discretionary grants disputes. Disputes pertaining to discretionary grants, such as grants for special demonstration projects under sections 1110 and 1115 of the Act, which may be awarded to a

disseminates the guidelines to all affected providers and, upon request, to enrollees and potential enrollees. (d) Application of guidelines. Decisions for utilization management, enrollee education, coverage of services, and other areas to which the guidelines apply are consistent with the guidelines.

The agency must report the following fraud or abuse information to the appropriate Department officials at intervals prescribed in instructions. (a) The number of complaints of fraud and abuse made to the agency that warrant preliminary investigation. (b) For each case of suspected provider fraud and abuse that warrants a full investigation— (1) The provider's name and

(a) The clinic or center carries out, or arranges for, a biennial evaluation of its total program. (b) The evaluation includes review of: (1) The utilization of clinic or center services, including at least the number of patients served and the volume of services; (2) A representative sample of both active and closed clinical records; and

(a) Except for provider or supplier enrollment appeals, the Board may admit evidence into the record in addition to the evidence introduced at the ALJ hearing (or the documents considered by the ALJ if the hearing was waived) if the Board considers that the additional evidence is relevant and material to an issue before it. (b) If it appears to the Board that additional relevant evidence is available, the Board will require that it be

) Grants a hearing in the case of an ALJ revision; and (ii) Grants opportunity to appear in the case of a Board revision. (b) Basis for revised decision and right to review. (1) If a revised decision is necessary, the ALJ or the Departmental Appeals Board, as appropriate, renders it on the basis of the entire record. (2) If the

the standard health plan coverage, any tiers of coverage it has built into the BHP, including who is eligible for each tier. (3) The State must require participating standard health plans to provide clear information on premiums; covered services including any limits on amount, duration and scope of those services; applicable cost-sharing using a standard format supplied by the State, and other data specified in, and in accordance with, 45 CFR 156.220.

determine who is to include in his gross income the income from an estate or trust. (b) Creation of sinking fund by corporation. If a corporation, for the sole purpose of securing the payment of its bonds or other indebtedness, places property in trust or sets aside certain amounts in a sinking fund under the control of a trustee who may be authorized to invest and reinvest such sums from time to time, the property or fund thus set

)(1)) or previously taxed income (as defined in section 996(f)(2)) or is a deemed distribution pursuant to section 995(b)(1) in a taxable year for which the corporation qualifies (or is treated) as a DISC. To the extent that a dividend is paid out of earnings and profits which are not made up of accumulated DISC income or previously taxed income, the corporate recipient is entitled to the deduction provided in section 243 in the same manner and to the same extent as a dividend from a domestic

shareholder to whom the corporation makes a distribution (whether or not it is a cash distribution) during such post-termination transition period. Any such election shall be made by the corporation by attaching to its income tax return for the C year in which such post-termination transition period ends a statement which clearly indicates that the corporation elects to have section 1371(e)(1) not apply to all distributions made during such post-termination transition period. The election shall not be

(a) Issuance. The Commissioner, with the approval of the Secretary, shall prescribe all needful rules and regulations for the enforcement of the Code (except where this authority is expressly given by the Code to any person other than an officer or employee of the Treasury Department), including all rules and regulations as may be necessary by reason of any alteration of law in relation to internal revenue.

not be awarded to a party for any portion of the adversary adjudication in which such party has unreasonably protracted the proceedings. [54 FR 46199, Nov. 1, 1989, as amended by Amdt. 14-03, 64 FR 32935, June 18, 1999]

, or legal holiday for the FAA, in which case, the time period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday. (c) Whenever a party has the right or is required to do some act within a prescribed period after service of a document upon the party, and the document is served on the party by first class mail or certified mail, 5 days shall be added to the prescribed period. [Doc. No

An airplane approved for IFR operations must meet the following requirements, unless an applicant shows that exposure to lightning is unlikely: (a) Each electrical or electronic system that performs a function, the failure of which would prevent the continued safe flight and landing of the airplane, must be designed and installed such that— (1) The function at the airplane level is not adversely

(a) Each propeller must have a type certificate. (b) Engine power and propeller shaft rotational speed may not exceed the limits for which the propeller is certificated. (c) The propeller blade pitch control system must meet the requirements of §§35.21, 35.23, 35.42 and 35.43 of this chapter.

The rejected takeoff distance and procedures for each condition where takeoff is approved will be established with— (a) The takeoff path requirements of §§29.59 and 29.60 being used up to the TDP where the critical engine failure is recognized and the rotorcraft is landed and brought to a complete stop on the takeoff surface;

The suitability and durability of materials used for parts, the failure of which could adversely affect safety, must— (a) Be established on the basis of experience or tests; (b) Meet approved specifications that ensure their having the strength and other properties assumed in the design data; and (c) Take into account the effects of environmental conditions, such as

(b) Each designated fire zone must be ventilated to prevent the accumulation of flammable vapors. (c) No ventilation opening may be where it would allow the entry of flammable fluids, vapors, or flame from other zones. (d) Ventilation means must be arranged so that no discharged vapors will cause an additional fire hazard. (e) For category A rotorcraft, there must be means to allow the crew to

additional time increments for different regimes of control operation requiring control scheduling; and (b) From the fixed minimum flight idle power lever position when provided, or if not provided, from not more than 15 percent of the rated takeoff power or thrust available to 95 percent rated takeoff power or thrust in not over 5 seconds. The 5-second power or thrust response must occur from a stabilized static condition using only the bleed air and accessories loads

This subpart applies to the recording of the following kinds of conveyances: (a) Any lease, a notice of tax lien or other lien (except a notice of Federal tax lien referred to in §49.17(a)), and any mortgage, equipment trust, contract of conditional sale, or other instrument executed for security purposes, which affects title to, or any

return it to service. (b) A certificated mechanic with an airframe rating can approve and return to service an airframe, or any related part or appliance, of an aircraft with a special airworthiness certificate in the light-sport category after performing and inspecting a major repair or major alteration for products that are not produced under an FAA approval provided the work was performed in accordance with instructions developed by the manufacturer or a person

approve and return it to service. (b) A certificated mechanic with a powerplant rating can approve and return to service a powerplant or propeller, or any related part or appliance, of an aircraft with a special airworthiness certificate in the light-sport category after performing and inspecting a major repair or major alteration for products that are not produced under an FAA approval, provided the work was performed in accordance with instructions developed by the

) The authorization is surrendered, suspended, or revoked. (2) The holder no longer has a fixed base of operation. (3) The holder no longer has the equipment, facilities, and inspection data required by §65.91(c) (3) and (4) for issuance of his authorization. (c) The holder of an inspection

An applicant for first-, second- and third-class medical certification must: (a) Apply on a form and in a manner prescribed by the Administrator; (b) Be examined by an aviation medical examiner designated in accordance with part 183 of this chapter. An applicant may obtain a list of aviation medical examiners from the FAA Office of Aerospace Medicine homepage on the FAA Web site, from any FAA Regional