On June 10, 2011, the Medicare Secondary Payor Recovery Contractor (MSPRC) resumed the process of issuing their Rights & Responsibilities (R&R) Letters.
On the heels of a recent court decision in Arizona (see Haro v. Sebelius), the MSPRC announced a temporary suspension of R&R letters and Demand letters. This led many to speculate that the Haro decision played a role in the review the MSPRC was conducting on the letters. In the Haro Case, the US District Court of Arizona held, in part, that CMS couldn’t collect disputed amounts from beneficiaries or attorneys.
The new R&R letter certainly appears to supports that opinion. The new wording in the letter specifically states “Medicare will not take any collection action during the pendency of any appeal or waiver request.” There are several additional changes to the letter, however the suspension of the collection efforts during an appeal is the most noteworthy.
To read the updated Rights and Responsibilities Letter, please click here.