Medicare Claims Processing Manual (Pub. 100-04), Ch. 34 § 10.12
Change in Substantive Law or Interpretative Policy
10.12 - Change in Substantive Law or Interpretative Policy
(Rev. 3568, Issued: 07-29-16, Effective: 09-30-16, Implementation: 09-30-16)
A change of legal interpretation or policy by CMS in a regulation, CMS ruling or CMS
general instruction, or a change in legal interpretation or policy by SSA in a regulation,
SSA ruling or SSA general instruction in entitlement appeals, whether made in response
to judicial precedent or otherwise, is not a basis for reopening a determination or decision
under this section. This provision does not preclude contractors from conducting
reopenings to effectuate coverage decisions issued under 42 CFR 42 CFR
§426.460(b)(1)(i), 426.488 (b) and (c), or 426.560(b)(1)(i) appeals process..