Presumption for Constructive Notice

150.5.2.4 - Presumption for Constructive Notice (Rev. 1587, Issued: 09-05-08, Effective: 03-03-08, Implementation: 03-01-09) In determining whether the supplier knew, or could reasonably have been expected to know, that Medicare would deny payment in advance under §1834(a)(15) of the Act, presume that the supplier knew that Medicare would not pay in all cases in which the supplier failed to request a mandatory advance determination, on the basis of constructive notice of the lists of items and of suppliers to the supplier through the contractor’s regular newsletter/bulletin publication. The supplier would have to submit convincing evidence to the contrary to rebut this presumption.