On September 20, 2013, CMS issued an interim proposed rule to begin its implication of the SMART law. The new proposed regulation (42 C.F.R. §411.39 was published in the Federal Register and can be found at Vol. 78, No. 183 or simply click here. No doubt, CMS has taken a liberal interpretation of what Congress had intended with SMART to create finality in settlements, judgments and awards. What was expected to take 120 days to secure a demand that the Parties can rely on before settlement turned into a process that requires at least 210 days. Even of more concern, was the fact that it could be used only once.