Section 405.450 - Appeals(a) A determination by CMS that a physician or practitioner has failed to properly opt out, failed to maintain opt-out, failed to timely renew opt-out, failed to privately contract, failed to properly terminate opt-out, or failed to properly cancel opt-out is an initial determination for purposes of § 498.3(b) of this chapter.(b) A determination by CMS that no payment can be made to a beneficiary for the services of a physician who has opted-out is an initial determination for purposes of § 405.924 .63 FR 58901, Nov. 2, 1998, as amended at 79 FR 68001 , Nov. 13, 2014; 80 FR 71371 , Nov. 16, 2015