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Thursday, August 1, 2013

CMS Comments: "No Comment" on The Forthcoming Smart Act Regulations

CMS is withholding comment about The Smart Act regulations for now. See the transcript below:

Moderator: John Albert
07-25-13/1:00 p.m. ET
Confirmation # 11907630
Page 14

That’s all I have on that right now. Some of the areas sort of more high 
arching as oppose to just a single question. As we received a number of 
questions about the SMART Act and how it affects this process and what 
regulations are out there.

In terms of regulations, when CMS is doing an advance notice of proposed 
rulemaking, an ANPRM or NNPRM or final rules or even a federal registered 
notice, we’re not allowed to comment whether we are or are not doing that 
notice or the content of that until there is at least something on the unified 
regulatory agenda at which point we still can’t tell you specifics but we can 
tell you that document is in progress. The site you need to go to for that 
generally is – if I can find the right thing – is And what 
that – you can also find it simply by Googling the Unified Regulatory Agenda 
and then the term CMS. But what it lives on that, it won’t – and want – those 
are ones that are in our process – officially in the process.

And right now, the requirement in the SMART Act that an ANPRM be done 
with respect to civil money penalties under Section 111 is on that Regulatory 
Agenda. I believe there are at least two other MSP related regulations either –
whether it’s under something in the final rule, a pre rule or proposed rule. But 
you can check that out and that’s a site that you may want to monitor every so 
often if you have a question about whether or not we’re doing a particular 

Similar to that, because I mentioned the SMART Act before, is a lot of the 
questions were asking specific facts about our specific actions we planned to 
take with respect to what’s in the SMART Act. As we make any changes or 
do anything related to the SMART Act, we – anytime instructions are going to 
change, we will give appropriate notice. At this point, there’s nothing that we 
have changed in our instructions that affects you at this time. So, we won’t be 
addressing any specific SMART Act questions.

Last but not least, as we have said in most of these calls, the extent we 
received questions that are related to MSP recoveries in the mailbox, those are 
outside the scope of this call. And we won’t be addressing those.

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