Guidance Was Issued by the Secretary or Contractor

10.2.2 – Guidance Was Issued by the Secretary or Contractor (Rev. 739, Issued: 11-01-05, Effective: 07-24-03, Implementation: 01-19-06) The second condition that must be met is that the guidance must have been issued by the Secretary or by a Medicare contractor. Guidance issued by an officer or employee of the Centers for Medicare and Medicaid Services (CMS) is considered to have been issued by the Secretary. For the purposes of implementing this section, the term “Medicare Contractor” means any Medicare Administrative Contractor (MAC) or an eligible entity with a contract under §1893 of the Act, including but not necessarily limited to a Program Safeguard Contractor. Guidance issued by any other type of contractor as not qualifying to invoke the penalty waiver unless such guidance is confirmed and communicated by CMS or by a Medicare contractor, as defined above, before the provider or supplier’s act or omission that is the basis for the penalty at issue.