Refusal of Subcontractor to Furnish Access

150.9 – Refusal of Subcontractor to Furnish Access (Rev. 27, 12-19-03) If it is determined that a subcontractor's books are necessary for a reimbursement determination and, despite all efforts, a subcontractor refuses to make them available, the intermediary shall immediately notify the CMS Regional Administrator. If a subcontractor continues to refuse access, legal action may be initiated by CMS against that subcontractor. Also, the Regional Administrator will advise the subject provider that its subcontractor has refused access so that the provider may take whatever action it considers necessary for its financial protection (e.g., withholding of any balances due the subcontractor under the contract).