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Effective January 1, 2015, the Centers for Medicare & Medicaid
Services (CMS) will revise contractual regulations 42 CFR ?? 422.504(i)(2)(i)
and 423.505(i)(2)(i) to make clear that CMS and its designees may "collect"
records, in addition to their existing authority to "audit, evaluate, and
inspect" information, from First-Tier, Downstream, and Other Related Entities
(FDRs).
In accordance with these changes, the Medicare Advantage Addendum will be
amended to read as follows:
Inspection
and Audit. Contractor shall permit CMS, the Department of Health and Human
Services (HHS), the Comptroller General, or their designees to audit, evaluate,
collect, and inspect any books, contracts, computer, or other electronic
systems, including medical records and documentation of the FDRs related to
CMS's contract with the Medicare Advantage organization as it pertains to any
Services provided under the Agreement. CMS, HHS, the Comptroller General, or
their designees have the right to audit, evaluate, collect, and inspect any
records directly from any FDRs. This right to audit, evaluate, collect, and
inspect shall extend ten (10) years from the expiration or termination of the
Agreement or completion of final audit, whichever is later, unless otherwise
required by applicable Law.
Please note, this is for informational purposes only and does not require
any action on your part at this time. Updates to the Medicare Advantage
Addendum will take place upon contract renewal.
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