---
kind: "section"
citation: "42 C.F.R. § 411.379"
title: "42"
number: "411.379"
heading: "When CMS accepts a request."
url: "https://uscodex.org/cfr/42/411.379"
---

# §411.379. When CMS accepts a request.

- (a) Upon receiving a request for an advisory opinion, CMS promptly makes an initial determination of whether the request contains a level of detail sufficient for CMS to process the request.
- (b) If CMS determines that the request submitted lacks details necessary for CMS to process the request, CMS will provide notification to the requestor within 15 working days of receiving the request.
- (c) If the requestor provides the additional information CMS has requested, or otherwise resubmits the request, CMS processes the resubmission in accordance with paragraphs [(a)](#a) and [(b)](#b) of this section as if it were an initial request for an advisory opinion.
- (d) CMS formally accepts a request when CMS determines that the request (inclusive of any supplemental submissions) describes the arrangement at issue with sufficient detail and that the grounds for rejection of a request listed at [§ 411.370(e)](/cfr/42/411.370.md?p=e) do not apply. Upon accepting the request, CMS notifies the requestor by regular U.S. mail of the date that CMS formally accepts the request.
- (e) The applicable time period that CMS has to issue an advisory opinion set forth in [§ 411.380(c)](/cfr/42/411.380.md?p=c) does not begin until CMS formally accepts the request for an advisory opinion.

## Notes

### Amendments

[69 FR 57229, Sept. 24, 2004, as amended at 84 FR 63192, Nov. 15, 2019]

### Source

Source: 69 FR 16126, Mar. 26, 2004, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302, 1395w-101 through 1395w-152, 1395hh, and 1395nn.

### Source

Source: 54 FR 41734, Oct. 11, 1989, unless otherwise noted.

### Amendments

[69 FR 57229, Sept. 24, 2004, as amended at 84 FR 63192, Nov. 15, 2019]