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Medicare’s New Rights & Responsibilities Letter

The MSPRC took 31 days to update its now infamous Rights & Responsibilities letter.   It is now at 34 days since the last Final Demand was issued by the MSPRC and that number will continue to increase.  As always, LRS will update our Twitter account and this blog whenever we have news on the return of Final Demand letters.

The NEW Rights & Responsibilities Letter

Ready for major changes?  Good.  Because there aren’t any.  The new RAR letter includes just three noticeable changes:

  • Page One, included in the bullets introduced as, “This letter is to let you know:”
  1. “What additional information you may receive on claims Medicare paid on your behalf on or after your date of incident.”  This is new text.
  2. “How to contact us (the MSPRC).” This is new text – later information on how to contact them has not changed.
  • Page Two, under “Your Responsibilities as a Medicare Beneficiary”

3.  “Once you receive a settlement, judgment, award or other payment for your insurance or workers’ compensation claim, Medicare will determine if it has a recovery claim which must be repaid to the Medicare program.  If Medicare determines that it has a recovery claim, you will be provided with a demand letter, which will include applicable appeal and waiver or recovery rights.  Medicare will not take any collection action during the pendency of any appeal or waiver request. (The applicable law can be found at 42 U.S.C. 1395y(b)(2)(A) & (B). )”

This section previously existed with language stating “the conditional payments Medicare made on your behalf must be repaid to the Medicare program.”

This means Haro v. Sebelius is the cause for these changes to the RAR and Final Demand letters.  Conditional Payment Letters for new cases will now resume.  The only remaining portion of the freeze remains the Final Demand letters.  The changes to the RAR give us some idea of how the Final Demands will be changed as well.  The only question remains – why aren’t those changes done yet?

Finally, language has been added explaining when a Conditional Payment Notice will be issued.  As discussed in the past, the CPN is used where a Final Demand has been requested, but the 65 day time period has not passed for a Conditional Payment Letter.  Please click for more on the CPN process.

Please continue to follow lienblog.wordpress.com and twitter.com/#!/LienResolve for updates.

If you need assistance with Medicare liens, Medicaid liens, ERISA liens, or any other healthcare liens, contact LRS.  LRS can help resolve all healthcare liens.  Please contact us for more information.


Ryan J. Weiner
Co-Founder Lien Resolution Services
Twitter: @LienResolve
This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.



About Ryan J. Weiner

Co-Founder of Lien Resolution Services, LLC, a national healthcare lien resolution firm. Our goal is to assist in the fair administration and resolution of healthcare liens on personal injury cases. Please visit our website for more information: www.lienresolutionusa.com.

One comment on “Medicare’s New Rights & Responsibilities Letter

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