In a recent PRRB decision, Saddleback Memorial Medical Center Laguna Hills California v. BlueCross BlueShield Association/ United Government Services, LLC-CA, Case No. 99-2472, September 29, 2005, the PRRB confirmed that when counting days for determining a deadline to respond to a request for additional information from CMS, you should begin counting with the day after you receive the request. The PRRB also confirmed that if after counting the number of days to the deadline you determine the deadline is on a weekend, then the deadline automatically extends to the first business day after the weekend.
I mention this case, not because it is a new or earth shattering point of law, because it is not. The point made in this decision is a well settled matter. The decision is of note, because the intermediary attempted to deny a request for an exemption which would have required the provider to pay a larger amount back to CMS, on the grounds that the request for an additional exemption was not timely filed. The intermediary argued, contrary to the law in every jurisdiction in which I have ever practiced, that you should start counting on the day of the request and if the deadline falls on a weekend, your deadline is the first business day before the weekend. This would effectively shorten your response deadline. Luckily for the provider, the PRRB followed the prevalent rule.
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