Notice of Penalty Waiver Policy

10.5 - Notice of Penalty Waiver Policy (Rev. 739, Issued: 11-01-05, Effective: 07-24-03, Implementation: 01-19-06) Notice of the penalty waiver policy shall be included in every notice of the intent to impose a penalty. Such notice must include a statement instructing the provider or supplier how to perfect a penalty waiver request, including the deadline for doing so (which should be congruent with the process for imposing the penalty at issue). In addition, such notice must include either a full statement of the conditions that must be met for a penalty waiver to be granted or the URL of a Web page where the policies of this section may be reviewed. In the case of a penalty imposed before the implementation date of this policy, an affected provider or supplier will be afforded the opportunity to request a penalty waiver up to 120 days after such implementation date. As such, an affected provider or supplier has until May 19, 2006, to file a request for a penalty waiver to the appropriate Medicare contractor. Specific notice to an affected provider or supplier of the policies of this section and the extended deadline for filing a waiver request is not required unless the Medicare contractor is actively communicating with such provider or supplier concerning a penalty imposed before the implementation date of this section.