Post Settlement
As of October 2, 2006 any cases that have not had a demand initiated will be sent to the MSPRC.
If you are calling to notify Medicare of a new no-fault, worker's compensation or liability case, please contact the Coordination of Benefits Contractor at 1-800-999-1118.
Waivers
A waiver can be considered based on Section 1870 (c) of the Social Security Act and 42 CFR 404.501-404.515. A waiver can be requested based on financial hardship due to the accident, or based on equity and good conscience. The request must be made in writing to the lead Medicare contractor only after settlement has been reached.
A waiver may only be considered after settlement has been finalized and proof of settlement has been forwarded to the lead Medicare contractor. If the beneficiary is deceased, a waiver can only be requested by a surviving spouse or a legal dependent entitled to benefits under Title II or Title XVIII of the Social Security Act. It should be noted that prompt repayment to Medicare will avoid accruing interest charges. You will retain your right to dispute, appeal, or request waiver of the debt.
Compromises
A compromise can be considered based on Federal Claims Collection Act and 42 CFR 401.613.
- Litigative risk
- Inability to pay
- Cost to collect Medicare's claim will exceed amount of recovery
A compromise can be requested before or after settlement. The beneficiary, spouse, immediate family member, or attorney may request a compromise. If the request is post-settlement, settlement information must be submitted in writing before your request will be processed.
To request a compromise, you must specify the amount you want Medicare to accept. Submit in writing the reason for the compromise and how you determined the amount to be repaid. A full reduction cannot be requested. All compromise requests for which WPS, Medicare Division is the lead contractor, will be referred to our Regional Office in Kansas City, Missouri to make the determination.
Payment to Medicare
When an attorney is involved in a no-fault, liability, or worker's compensation settlement, Medicare must be paid from those funds. If Medicare has not been paid and the matter has to be forwarded for collection, Medicare will seek to recover it's full conditional payment amount, and not the amount calculated based on a pro-rata share of attorney fees and litigative costs.
Offers to settle on proposed settlement requests cannot be processed.
Post-settlement information can be faxed to:
Accounts Receivable Team
402-351-1059
Page Last Updated: Tuesday, 15-Jul-2008 10:38:00 CDT
