CFR > Title 45 - Public Welfare > SUBTITLE A—DEPARTMENT OF HEALTH AND HUMAN SERVICES > SUBCHAPTER B—REQUIREMENTS RELATING TO HEALTH CARE ACCESS (parts 140 to 159) > PART 149—REQUIREMENTS FOR THE EARLY RETIREE REINSURANCE PROGRAM > SUBPART G—Disclosure of Data Inaccuracies (§149.600 to §149.610) > 149.610—Secretary's authority to reopen and revise a reimbursement determination.

149.610—Secretary's authority to reopen and revise a reimbursement determination.

(a) The Secretary may reopen and revise a reimbursement determination upon the Secretary's own motion or upon the request of a sponsor:
(1) Within 1 year of the reimbursement determination for any reason.
(2) Within 4 years of a reimbursement determination for good cause.
(3) At any time, in instances of fraud or similar fault.
(b) For purposes of this section, the Secretary does not find good cause if the only reason for the revision is a change of legal interpretation or administrative ruling upon which the determination to reimburse was made.
(c) A decision by the Secretary not to revise a reimbursement determination is final and binding (unless fraud or similar fault is found) and cannot be appealed.