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The following is a summary of the comments we received and our responses: Comment: One commenter agreed with CMS' proposal to define the first applicable period for subsequently approved drugs as the earliest applicable period that follows the payment amount benchmark period identified in proposed 428.202(c)(1) through (4). This commenter stated this proposal aligns with the statute and recommended CMS finalize this policy as proposed

THE PATIENT AND ANY OTHER PERSON RESPONSIBLE FOR PAYMENT HAS A RIGHT TO REFUSE TO PAY, CANCEL PAYMENT, OR BE REIMBURSED FOR PAYMENT FOR ANY OTHER SERVICE, EXAMINATION, OR TREATMENT THAT IS PERFORMED AS A RESULT OF AND WITHIN 72 HOURS OF RESPONDING TO THE ADVERTISEMENT FOR THE FREE, DISCOUNTED FEE, OR REDUCED FEE SERVICE, EXAMINATION, OR TREATMENT.

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