Provider Enrollment Rebuttal, CAPS and Reconsiderations

A provider or supplier whose Medicare enrollment is denied or whose Medicare billing has been revoked may appeal Provider Enrollment's decision. Effective date determinations, change of information request denials and reassignment denials may also be appealed. The requests must be started within 30 to 60 days from the date of the denial or revocation letter. There are two types of submissions; Corrective Action Plans (CAP) and Reconsideration Requests.

A provider or supplier whose Medicare enrollment is deactivated may have the right to file a rebuttal and challenge their deactivation.  Providers are given this opportunity to demonstrate that they meet all applicable enrollment requirements and that their Medicare billing privileges should not have been deactivated.

Note: All CAPs and Reconsiderations for Part B Ambulatory Surgery Centers (ASCs) and Portable X-Ray Suppliers (PXSs) should be submitted to CMS.

View the below related information on this page. 

Reconsideration (Appeal)

The Reconsideration Process allows a provider/supplier to appeal the decision of their billing privileges being denied or revoked. Requests must be submitted, by mail, in writing within 60 days from the date of the notification/determination letter. Use the below cover sheet as a portion of your submission.

  • Reconsideration (Appeal) Form
  • Reconsiderations must be mailed to address on the denial or revocation notice
  • Must contain signature from provider, authorized/delegated official or a legal representative of provider
  • Signature from a contact person listed on an enrollment application is not accepted

Once the appeal is received, a determination will be issued within 90 days. A decision letter will be mailed at this time.

Rejected or Returned Reconsideration

A rejected or returned Reconsideration holds no further appeal rights. But if the Reconsideration is found unfavorable, higher appeal rights do exist. See the appeal decision letter for details on higher appeal options. 

Corrective Action Plan (CAP)

The CAP Process gives a provider/supplier an opportunity to correct deficiencies (if possible) that resulted in the denial of an application or billing privileges being denied or revoked. A CAP must be submitted in the form of a letter by fax or mail. Use the below cover sheet to provide the required information and review the requirements of a CAP.

  • Enrollment CAP Request Cover Sheet
  • Must be submitted within 30 days from date of denial or revocation notice
  • Provide verifiable evidence provider/supplier is in compliance with Medicare requirements
  • Signed and dated by provider, authorized/delegated official or a legal representative
  • Fax number and address are located at bottom of form
  • Signature from a contact person listed on an enrollment application is not accepted

Once the appeal is received, a CAP will be processed within 60 days. A decision letter will be mailed at this time.

Rejected or Returned CAP

A rejected or returned CAP holds no further appeal rights.

This is the process if you have submitted both a CAP and a reconsideration:

  • The CAP will have a determination made first.
  • If the CAP is found favorable, please withdraw your reconsideration.
  • If the CAP is found unfavorable, you will not have higher appeal rights as an unfavorable CAP decision may not be appealed.
  • The reconsideration will then be reviewed and a determination made.

If you receive an unfavorable CAP decision and did not submit a reconsideration during the time of the CAP review, you may still submit a reconsideration for review. See the appeal decision letter for addition details regarding a CAP.

Rebuttal Process

Rebuttals give providers or suppliers the opportunity to demonstrate that their Medicare billing privileges should not have been deactivated.  These requests can be mailed, emailed, or faxed to Noridian. 

  • Must be submitted within 20 calendar days from date of the deactivation notice.  Any rebuttal submitted after the 20 days will be dismissed.
  • Must provide specific reasons for the rebuttal as well as all supporting documentation that supports the rebuttal reason
  • May only submit one rebuttal in response to a deactivation
  • Signed and dated by the individual provider, authorized/delegated official or a legal representative. If the rebuttal submission is signed by an attorney, the attorney must also submit a written statement saying they have the authority to represent the provider/supplier.  If submitted by an AO/DO of a group the provider is reassigned to it must contain a statement signed by the provider that the AO/DO may act in their behalf.
  • Fax number and address are located at bottom of the rebuttal cover sheet
  • Include a valid email address if communication via email is preferred
  • Signature from a contact person listed on an enrollment application is not accepted

If the correct signature is not sent with the rebuttal, we will be sending a request for that information.  If we ask for a missing signature statement or appointment statement, the information must be received in 15 days.

If your rebuttal is found favorable but additional information is required to reactivate your enrollment, we will send you a request for that information that you must submit within 30 days.

Deactivation Reasons for Rebuttals

Only enrollments that are deactivated for the following reasons can be challenged through the rebuttal process.

  • Deactivation because the provider or supplier did not submit Medicare claims for twelve consecutive calendar months.
  • Deactivation because the provider or supplier did not report a change of information within 90 calendar days of when the change occurred or within 30 days if it is an ownership change.
  • Deactivation because they did not respond to a revalidation request letter or to a request for corrections on a revalidation application.
  • Deactivation because the provider is in an approved status but doesn't have any practice location or active reassignment for 90 calendar days.

 

Last Updated Dec 31, 2019