---
kind: "section"
citation: "42 C.F.R. § 416.190"
title: "42"
number: "416.190"
heading: "Request for review of payment amount."
url: "https://uscodex.org/cfr/42/416.190"
---

# §416.190. Request for review of payment amount.

- (a) **When requests can be submitted.** A request for review of the appropriateness of ASC payment for insertion of an IOL that might qualify for a payment adjustment as belonging to a new class of new technology IOLs must be submitted to CMS in accordance with the annual published deadline.
- (b) **Who may submit a request.** Any individual, partnership, corporation, association, society, scientific or academic establishment, or professional or trade organization able to furnish the information required in [paragraph (c)](#c) of this section may request that CMS review the appropriateness of the payment amount provided under section 1833(i)(2)(A)(iii) of the Act with respect to an IOL that meets the criteria of a new technology IOL under [§ 416.195](/cfr/42/416.195.md).
- (c) **Content of a request.** In order to be accepted by CMS for review, a request for review of the ASC payment amount for insertion of an IOL must include all the information as specified by CMS.
- (d) **Confidential information.** In order for CMS to invoke the protection allowed under Exemption 4 of the Freedom of Information Act ([5 U.S.C. 552(b)(4)](/usc/5/552.md?p=b-4)) and, with respect to trade secrets, the Trade Secrets Act ([18 U.S.C. 1905](/usc/18/1905.md)), the requestor must clearly identify all information that is to be characterized as confidential.

## Notes

### Source

Source: 71 FR 68226, Nov. 24, 2006, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 273, 1302, 1320b-8, and 1395hh.

### Source

Source: 47 FR 34094, Aug. 5, 1982, unless otherwise noted.