Medicare Blog

request medicare to recoup overpayment when no demand letter is sent

by Dr. Alena Kuphal Published 3 years ago Updated 2 years ago

The beneficiary has the right to request that the Medicare program waive recovery of the demand amount owed in full or in part. The right to request a waiver of recovery is separate from the right to appeal the demand letter, and both a waiver of recovery and an appeal may be requested at the same time.

Full Answer

How do I request immediate recoupment for Medicare overpayments?

A request for immediate recoupment must be received by Medicare in writing no later than 16 days from the date of the overpayment demand letter. A request for immediate recoupment must be in writing and submitted via:

How do you respond to a demand letter from Medicare?

Respond to Demand Letters. When Medicare has determined that an overpayment exists, a receivable account will be established and a Demand Letter will be issued. To avoid interest from accruing, timely payment is critical. The provider is given 30 days from the date of the Demand Letter to pay the requested overpayment amount.

How do I send an overpayment to Medicare?

There are multiple ways to send an overpayment. The immediate recoupment process is for providers who have received an overpayment demand letter from Medicare. Immediate recoupment is not an alternative for sending a voluntary refund to Medicare.

What is a notice of overpayment from Medicare?

Medicare’s notice of overpayment is also known as a "refund" or "demand" letter. You may receive a notice of overpayment as the result of a beneficiary, provider, primary insurer inquiry or internal identification of a payment error. When claims are adjusted due to an overpayment, a Solicited Demand letter will be issued to you.

How do I request a recoupment from Medicare?

To request an immediate recoupment by fax, you must complete the Immediate Recoupment Request Form. A request for immediate offset must be received no later than the 16th day from the date of the initial demand letter. Immediate recoupment forms can be found on the NGSMedicare.com website under the Forms tab.

Can Medicare ask for money back?

When Medicare identifies an overpayment, the amount becomes a debt you owe the federal government. Federal law requires we recover all identified overpayments. When you get an overpayment of $25 or more, your MAC initiates overpayment recovery by sending a demand letter requesting repayment.

How do I get a refund from Medicare overpayment?

Submit a check with the Part A Voluntary Refund Form. When the claim(s) is adjusted, Medicare will apply the monies to the overpayment. Option 2: Submit the Part A Voluntary Refund Form without a check and when the claim(s) are adjusted, NGS will create an account receivable and generate a demand letter to you.

How long does Medicare have to recoup a payment?

(1) Medicare contractors can begin recoupment no earlier than 41 days from the date of the initial overpayment demand but shall cease recoupment of the overpayment in question, upon receipt of a timely and valid request for a redetermination of an overpayment.

What should you do if Medicare overpays you for patient treatment?

If You Find the Overpayment If you or your staff detects an overpayment from Medicare, you can report it either electronically, through the eRefunds or Overpayment Claim Adjustment (OCA) features in the WPS-GHA portal, or by mail, using the Overpayment Notification/Refund Form.

Are Medicare liens negotiable?

The lien gives Medicare a claim to the judgment or settlement funds and the Medicare lien is superior to any other person or entity, including you as the insured party. Unlike cases involving private health insurance, Medicare offers little to no flexibility to negotiate away, or negotiate down, its lien amount.

What is recoupment in medical billing?

Recoupment, generally, means the recovery or collection of money that was previously unduly paid out. More specifically, it can mean a defendant's affirmative defense to reduce a plaintiff's claim by an amount the defendant argues that the plaintiff owes the defendant arising from the same transaction.

What does overpayment recovery mean?

Overpayments can be recovered by sending back the incorrect paycheck, setting up an overpayment on the Additional Pay page or allowing the automatic retro process to recover the overpaid amount.

What happens if I overpay Medicare?

When Medicare identifies an overpayment, the amount becomes a debt you owe the Federal government. Federal law requires the Centers for Medicare & Medicaid Services (CMS) to recover all identified overpayments.

What is the timeframe recoupment payments must be reported and returned?

Under this final rule, overpayments must be reported and returned only if a person identifies the overpayment within six years of the date the overpayment was received.

What is the lookback period for overpayments?

within six yearsThe rule also states that an overpayment must be reported and returned if it is identified within six years of the date it was received. This time period is generally referred to as the “lookback” period.

What is a Medicare demand letter?

When the most recent search is completed and related claims are identified, the recovery contractor will issue a demand letter advising the debtor of the amount of money owed to the Medicare program and how to resolve the debt by repayment. The demand letter also includes information on administrative appeal rights.

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What is a Medicare overpayment letter?

Medicare’s notice of overpayment is also known as a "refund" or "demand" letter. You may receive a notice of overpayment as the result of a beneficiary, provider, primary insurer inquiry or internal identification of a payment error. When claims are adjusted due to an overpayment, a Solicited Demand letter will be issued to you.

How long does it take for Medicare to pay overpayments?

A request for immediate recoupment must be received by Medicare in writing no later than 16 days from the date ...

How long does it take for Medicare to respond to a request for immediate recoupment?

A request for immediate recoupment must be received by Medicare in writing no later than 16 days from the date of the overpayment demand letter . A request for immediate recoupment must be in writing and submitted via: When submitting an immediate offset you must specify whether you are submitting either:

What is immediate recoupment?

Immediate Recoupment as a Means to Repay Medicare Debt. The immediate recoupment process is for providers who have received an overpayment demand letter from Medicare. Immediate recoupment is not an alternative for sending a voluntary refund to Medicare. You may elect to have your overpayment ...

How long does it take for a CMS refund to be assessed?

Assessment of interest, as mandated by CMS, occurs on an overpayment balance that is not satisfied within 30 days of the refund letter (the calculated 30 days includes the date of the refund letter). Interest accrual is based on a 30-day period. Periods of less than 30 days will not be counted.

How long does interest accrue on a 36 day overpayment?

Example. If the overpayment is satisfied on the 36th day, 1 month of interest will be accrued (1 for the first 30 days and none for the 31st through the 36th day because it is not a full 30 day period).

Does Medicare withhold money from future payments?

If the overpayment is not returned within the appropriate timeframe (see below) after the initial notice of overpayment, Medicare will automatically withhold funds from a future payment (s) to satisfy the overpayment and any interest that has accrued. Information on the Assessment of Interest is located in the section below.

How long does interest accrue on a recovery letter?

Interest accrues from the date of the demand letter and, if the debt is not repaid or otherwise resolved within the time period specified in the recovery demand letter, is assessed for each 30 day period the debt remains unresolved. Payment is applied to interest first and principal second. Interest continues to accrue on the outstanding principal portion of the debt. If you request an appeal or a waiver, interest will continue to accrue. You may choose to pay the demand amount in order to avoid the accrual and assessment of interest. If the waiver/appeal is granted, you will receive a refund.

Why is Medicare conditional?

Medicare makes this conditional payment so you will not have to use your own money to pay the bill. The payment is "conditional" because it must be repaid to Medicare when a settlement, judgment, award, or other payment is made.

What is a CPN in BCRC?

If a settlement, judgment, award, or other payment has already occurred when you first report the case, a CPN will be issued. A CPN will also be issued when the BCRC is notified of settlement, judgement, award or other payment through an insurer/workers’ compensation entity’s MMSEA Section 111 report. The CPN provides conditional payment information and advises you on what actions must be taken. You have 30 calendar days to respond. The following items must be forwarded to the BCRC if they have not previously been sent:

What is a RAR letter for MSP?

After the MSP occurrence is posted, the BCRC will send you the Rights and Responsibilities (RAR) letter. The RAR letter explains what information is needed from you and what information you can expect from the BCRC. A copy of the Rights and Responsibilities Letter can be found in the Downloads section at the bottom of this page. Please note: If Medicare is pursuing recovery directly from the insurer/workers’ compensation entity, you and your attorney or other representative will receive recovery correspondence sent to the insurer/workers’ compensation entity. For more information on insurer/workers’ compensation entity recovery, click the Insurer Non-Group Health Plan Recovery link.

What is conditional payment in Medicare?

A conditional payment is a payment Medicare makes for services another payer may be responsible for.

What information is sent to the BCRC?

The information sent to the BCRC must clearly identify: 1) the date of settlement, 2) the settlement amount, and 3) the amount of any attorney's fees and other procurement costs borne by the beneficiary (Medicare may only take beneficiary-borne costs into account).

What is a POR in Medicare?

A Proof of Representation (POR) authorizes an individual or entity (including an attorney) to act on your behalf. Note: In some special circumstances, the potential third-party payer can submit Proof of Representation giving the third-party payer permission to enter into discussions with Medicare’s entities.

What is an overpayment in Medicare?

A. Overpayments are offset with current paid Medicare claims. Medicare claims will process normally. Once the provider's claims have finalized and there is payment, the payments will apply to the oldest pending overpayment.

How long does it take for Medicare to pay overpayments?

Payments for any overpayments must be made to Medicare and applied within 30 days, if not, interest will start to accrue on day 31. Interest will begin accruing on the principal balance starting on the 31st day in 30-day increments.

How long does it take to get a Noridian overpayment notice?

The form must be received, by Noridian, within 30 days from the date of the overpayment demand letter in order for the immediate recoupment to be created before any interest starts to accrue. Recoupment on the overpayment will begin after the 41st day from the overpayment demand letter.

How long does it take to get a recoupment letter from Noridian?

The form must be received, by Noridian, within 30 days from the date of the overpayment demand letter in order for the immediate recoupment to be created before any interest starts to accrue. Recoupment on the overpayment will begin after the 41st day from the overpayment demand letter.

What is Medicare immediate recoupment?

Medicare allows providers to sign up for Immediate Recoupment, a process which allows overpayments to be automatically recouped from currently processed and paid claims. The provider must have currently processed and paid claims to cover the overpayment amounts prior to the 30th day, so interest will not accrue.

How long does it take for an overpayment to be paid?

If a provider is unable to satisfy the overpayment within 30 days from the date of final determination and overpayment demand for repayment, interest will begin to accrue on the unpaid principal balance and is due and payable for each full 30-day period that an overpayment balance is outstanding.

What happens if you have more than one overpayment?

If the provider has more than one overpayment outstanding and a payment is received, the contractor credits the payment to the oldest overpayment first, unless the provider designates otherwise. Another way to avoid overpayment interest is to request to be set up for immediate recoupment.

What is an overpayment refund?

An overpayment refund request can be initiated by CGS (a "demand") or the refund can be voluntarily issued by you as the "debtor." The latter is known as a voluntary refund.

How long does it take to get a contractor's refund?

The debtor has 30 days from the date of the demand letter to refund the contractor. If the overpayment is not paid within the timeframe specified in the initial demand letter, interest begins to accrue on the refund amount.

What is included in a demand letter for Medicare?

The demand letter also includes information on administrative appeal rights. For demands issued directly to beneficiaries, Medicare will take the beneficiary’s reasonable procurement costs (e.g., attorney fees and expenses) into consideration when determining its demand amount.

Who has the right to appeal a demand letter?

This means that if the demand letter is directed to the beneficiary, the beneficiary has the right to appeal. If the demand letter is directed to the liability insurer, no-fault insurer or WC entity, that entity has the right to appeal.

What is Medicare beneficiary?

The Medicare beneficiary when the beneficiary has obtained a settlement, judgment, award or other payment. The liability insurer (including a self-insured entity), no-fault insurer, or workers’ compensation (WC) entity when that insurer or WC entity has ongoing responsibility for medicals (ORM). For ORM, there may be multiple recoveries ...

How long does interest accrue?

Interest accrues from the date of the demand letter, but is only assessed if the debt is not repaid or otherwise resolved within the time period specified in the recovery demand letter. Interest is due and payable for each full 30-day period the debt remains unresolved; payments are applied to interest first and then to the principal. Interest is assessed on unpaid debts even if a debtor is pursuing an appeal or a beneficiary is requesting a waiver of recovery; the only way to avoid the interest assessment is to repay the demanded amount within the specified time frame. If the waiver of recovery or appeal is granted, the debtor will receive a refund.

How long does it take to appeal a debt?

The appeal must be filed no later than 120 days from the date the demand letter is received. To file an appeal, send a letter explaining why the amount or existence of the debt is incorrect with applicable supporting documentation.

Can CMS issue more than one demand letter?

For ORM, there may be multiple recoveries to account for the period of ORM, which means that CMS may issue more than one demand letter. When Medicare is notified of a settlement, judgment, award, or other payment, including ORM, the recovery contractor will perform a search of Medicare paid claims history.

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