---
kind: "section"
citation: "42 C.F.R. § 460.28"
title: "42"
number: "460.28"
heading: "Notice of CMS determination on waiver requests."
url: "https://uscodex.org/cfr/42/460.28"
---

# §460.28. Notice of CMS determination on waiver requests.

- (a) **General.** Within 90 days after receipt of a complete waiver request, CMS takes one of the following actions, in the form and manner specified by CMS:
  - (1) **Approves the waiver request.**
  - (2) **Conditionally approves the waiver request and notifies the PACE applicant.**
  - (3) Denies the waiver request and notifies the PACE organization or PACE applicant of the basis for the denial.
- (b) **Additional information requested.** A waiver request is only considered complete when CMS receives all information necessary to make a determination regarding approval or denial. If CMS determines that the waiver request is not complete because it does not include sufficient information to make a determination, CMS will request additional information from the PACE organization or PACE applicant. The 90-day time limit in [paragraph (a)](#a) of this section will start when CMS receives the complete waiver request.
- (c) **Waiver approval.** A waiver request is deemed approved if CMS fails to act on the request within 90 days after CMS receives a complete waiver request.
- (d) **Withdrawal of CMS approval for good cause.**
  - (1) CMS in consultation with the State administering agency may withdraw approval of a waiver for good cause.
  - (2) If the waiver approval is withdrawn, CMS must notify the PACE organization or PACE applicant and the State administering agency that approval of a waiver has been withdrawn and the reason for doing so and must specify the effective date of the withdrawal in the notice.

## Notes

### Amendments

[84 FR 25672, June 3, 2019]

### Authority

Authority: 42 U.S.C. 1302, 1395, 1395eee(f), and 1396u-4(f).

### Source

Source: 64 FR 66279, Nov. 24, 1999, unless otherwise noted.

### Amendments

[84 FR 25672, June 3, 2019]