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FAQs

General Information

Liability/No Fault/Workers Compensation

Question
If I'm an attorney, what information do I need to have available before I call?
What information is needed when contacting Coordination of Benefits Contractor (COBC)?
What happens if Medicare pays my accident claims and I also receive money from another insurer?
I have a check made out to Medicare, my client and our law firm. How do I handle this?
Do I have to turn my medical bills into my auto insurance company? If I do, they will raise rates.
What is a Conditional Payment?
What if the conditional payment amount includes services that are not related to the incident?
Why does Medicare make primary payment on claim when it is likely that another plan is the primary payer?
When will Medicare make a conditional primary payment?
If a case is settled and Medicare failed to notify the attorney/beneficiary about claims Medicare paid can Medicare still collect reimbursement?
Who can Medicare recover payments from?
Does Medicare always reduce its recovery by one-third?
I have asked the hospital to send their bill to Medicare so it can be paid. They say they do not bill Medicare, is this correct?
Since my client only recovered 10% of the value of his claim, will Medicare reduce its recovery to 10% of what it paid?
I was in an accident and want to repay Medicare, what do I do?
Whom should the attorney contact to notify Medicare of a reimbursement situation?
Do I need to notify Medicare if Medicare has paid for my accident-related claims and I have other insurance?
Who is responsible for paying my claims if I am injured at someone else’s home?
Who is responsible for paying my claims if I am injured at work?
How is Medicare made aware of liability, no-fault, workers compensation situations?
What is considered to be No-Fault Insurance?
What information does the Centers for Medicare and Medicaid Services (CMS) need in order to review a Workers’ Compensation Medicare Set Aside proposal?
Does Medicare recover even if the treatment received was related to a pre-existing condition?
Does Medicare require a set-aside agreement for a liability case?
What role does the provider play in obtaining accident information from a Medicare patient?
Is the provider required to bill no fault insurance?
Can participating providers of service file a claim against the liability proceeds and not bill Medicare?
In a liability case involving several Medicare contractors, which contractor should the attorney specifically deal with?
Will Medicare pursue recovery from the estate of a deceased beneficiary?
Following a third party liability settlement, award, judgment, or recovery, when can Medicare begin to assess interest on the unpaid balance of Medicare's recovery amount?
If a waiver is requested, can the recovery amount owed to Medicare be held in escrow until a decision is made?
For waiver consideration, what is meant by "the beneficiary is without fault in causing the overpayment”?
For waiver consideration, what is meant by “financial hardship”?
With respect to waiver criteria, what is meant by "against equity and good conscience"?
Can a partial waiver determination be appealed?
Why is a signed Authorization Release Form required before a Medicare contractor can release information to an attorney representing a Medicare beneficiary?
When is the appropriate time for the attorney to request a waiver of recovery from Medicare?
If the settlement amount is less than what is owed to Medicare, how much will Medicare attempt to recover?
What if a beneficiary disregards his/her obligation to repay Medicare after the proceeds of a settlement have been disbursed to him/her?
What if the settlement proceeds were disbursed before Medicare became aware of a reimbursement situation?
Does Medicare recover even if the payment made is only a nuisance payment?
Who is responsible for a bill never submitted to Medicare?
Once a settlement has been reached, what information is the attorney required to send to the MSPRC?
Does Medicare share proportionately in the costs associated with medical payments benefits?
When should an attorney send payment to the Medicare Secondary Payer Contractor for the amount due?
Can the conditional payment amount change?
Can Medicare waive its right to recover an overpayment from the beneficiary?
Is the beneficiary's personal automobile insurance primary to Medicare?
What is No-Fault Insurance?
In a liability situation, when is it determined that the liability insurer is the primary payer?
Under what circumstances can Medicare grant waiver of recovery of an overpayment?
If a waiver is denied, can the denial be appealed?