42 CFR 130.33 - How will the Secretary determine whether a petition is complete?

§ 130.33 How will the Secretary determine whether a petition is complete?
(a) If the Secretary determines that a petition does not include all of the documentation described in subpart C of this part (i.e., it is incomplete), the petitioner will be given the opportunity to complete the petition prior to a final determination.
(b) The petitioner will be notified that the Secretary has determined that the petition is incomplete and, for purposes of retaining the assigned order number described in § 130.32, will be given 60 calendar days from the date of the notice to submit the missing information. If the petitioner submits the missing information within 60 calendar days, and the Secretary determines that the petition meets the requirements of the Act, the petitioner will be paid according to the assigned order number.
(c) If the petitioner is unable to complete the petition, the petitioner may submit written documentation to the Secretary, within 60 calendar days, which shows good cause why the required medical or legal documentation is unavailable. If the Secretary determines that the petitioner has provided an adequate showing of good cause and is otherwise eligible for payment under the Act, the petitioner will be paid according to the assigned order number. The Secretary may allow additional time beyond the 60-day deadline, as the Secretary deems appropriate, for the petitioner to provide the documentation required to complete the petition.
(d) The Secretary will process the petition according to § 130.34 if:
(1) The petition does not include the required documentation, as described in subpart C, even after the opportunity is given to complete it;
(2) The 60-day deadline, or the extended deadline under § 130.33(c), as applicable, to complete the petition is not met; or
(3) An adequate showing of good cause why the required medical or legal documentation is unavailable is not provided.
[65 FR 34864, May 31, 2000, as amended at 66 FR 58672, Nov. 23, 2001]

Title 42 published on 2014-10-01

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