Settle Your Account Before the Medicare Lien Statute of Limitations Ends
Are you dealing with the Medicare lien statute of limitations? Is your settlement withheld because you lack Medicare's final demand for the adjuster to issue you a settlement check? If you encounter personal injury cases, the high chances are that you'll encounter lots of frustrations when dealing with a case that involves a case.
While removing Medicare liens might be time-consuming and scary, DoNotPay can help you solve your lien issues in minutes using the "Remove my Lien" product. DoNotPay will help you maneuver the Medicare lien statute of limitations by leveraging both the law and Medicare's interests to help you avoid losing your property.
What Is Medicare and Medicare Lien Statute of Limitations?
Medicare refers to a medical insurance program managed and administered by a federal agency known as the Centers for Medicaid or Medicare Services. Medicare acts as a secondary payer, where it's entitled to reimbursement for payments related to an injury that is otherwise covered by insurance.
Generally, Medicare allows six years to recover a Medicare claim. The starts when Medicare is made aware of overpayments. Medicare overpayments don't exist until a settlement offer or a judgment award is accepted. Therefore, Medicare's claim comes into existence through the law's operation when the medical expenses paid by Medicare conditionally are made by a third-party payer such as your insurance.
An update to the statute of limitations was introduced and signed into law during the Obama Administration. The “Strengthening Medicare and Repaying Taxpayers Act” (or, SMART Act) has introduced quite a few changes, including a shortening of the statute of limitations.
|Law Governing the Statute of Limitations on Medicare Liens||Signed into law on January 10, 2013, and called the “Strengthening Medicare and Repaying Taxpayers Act” (or, SMART Act), by President Barack Obama.|
|Public Law 112 - 242 - Medicare IVIG Access and Strengthening Medicare and Repaying Taxpayers Act of 2012 (popularly known as SMART Act, or as Public Law 112-242)|
|Revised Statute of Limitations||Three (3) years
(Replacing the previous limitation of six years)
|Updated Penalty Provisions for Noncompliance||The language of the penalty provision has been updated: The “shall be subject” language has been replaced with "may be subject”, thus, the penalty now reads “may be subject to a civil monetary penalty of up to $1,000 for each day of noncompliance with respect to each claimant.” See US Code 42 U.S.C. § 1395y(b)(8)(E)(i)
This means that the penalty is no longer mandatory and it is possible to apply for Safe Harbor Provisions.
However, if the Medicare lien claims are upheld, you will be liable for penalties for noncompliance of payment. It will be costly and unavoidable.
|Previous Law Governing Statute of Limitations on Medicare Liens||US Code Title 28. Judiciary and Judicial Procedure § 2415 (also known as 28 U.S.C. 2415)|
Where Can I Find Information on Medicare Liens?
So, how do you find out whether the injured client has a Medicare lien? The attorney first determines whether the client is receiving the original Medicare benefits. If so, the client signs the SSA consent to release information.
The consent allows the attorney to research conditional payments done by original Medicare. Bear in mind that Medicare lien searches are essential for the identification of conditional payments that require to be addressed and then resolved. When dealing with a client, it's vital to obtain Medicare information because Medicare liens tend to be challenging to handle and can cause delays.
Here's how you can find information on the client's Medicare liens:
- The first step is to determine if the client that has been injured is eligible for Medicare benefits. If the client is an original beneficiary, they'll need to sign an SSA Consent for the release of information.
- Report to BCRC for claim notification. You'll need to contact the Benefits Coordination and Recovery Contractor immediately. You need beneficiary information, case information, and representative information. You can contact BCRC by telephone at 1-855-798-2627 or by mail.
- Receive a Rights and Responsibility Letter from MSPRC (Medicare Secondary Payer Recovery Center). Once Medicare's BCRC opens up your case, the MSPRC will issue you a rights and responsibility letter. The letter will provide you with the process.
- You'll receive a CPL or conditional payment letter within 65 days after the Rights and Responsibility Letter insurance.
- The next step will be reviewing the CPL for any unrelated claims. You can then dispute the process if you believe that the claims on the CPL are unrelated and should be removed.
- The BCRC will then issue a demand letter. In case of any settlement, the information should be sent to BCRC or submitted electronically through MSPRP.
- Upon receipt of your final demand, you'll pay Medicare and request or appeal for a waiver.
As you can see, removing a Medicare lien is quite long and needs lots of research. If you don't have enough time on your plate, the process can be frustrating, and that's why DoNotPay offers a better solution to find out whether you have a lien and remove it.
Remove a Medicare Lien Statute of Limitations With DoNotPay
Dealing with Medicare liens can be a great source of confusion and even danger. However, you can avoid all the hassle by using DoNotPay to know the and get your Medicare lien safely removed. DoNotPay amasses all the relevant documents you need for your lien situation. DoNotPay can then create a letter on your behalf requesting a negotiation of your debt terms based on your specific needs.
Once your letter is ready, it's sent to your creditor on your behalf. In addition, DoNotPay can fill out a Release of Lien form on your behalf and forward it to your creditor to sign to allow you to get your lien off your record. You'll get your Medicare lien out of mind once you renegotiate your debt.
Instead of wasting time on research and follow-ups, DoNotPay offers you a perfect solution to your Medicare lien within the statute of limitations. All you need to do is follow these simple steps:
- Search for the "Remove My Lien" service on DoNotPay.
- Click on the Remove My Lien product to start.
- Answer the provided questions regarding your specific lien and DoNotPay will help you craft a letter to your creditor to solve the lien issue.
DoNotPay Helps Remove Liens Across All Companies in a Simple Button Click
Are you struggling with other liens apart from helping you with learning about the Medicare lien ? DoNotPay is here to offer you solutions to all your lien issues and help you get the fairness you deserve. Apart from removing the Medicare lien statute of limitations, DoNotPay also helps remove lien across all entities. DoNotPay can help you deal with or solve all your lien problems, including:
- Filling out your lien release form
- Selling a vehicle that has a lien
- Removing a lien on your property
- Removing state-tax liens from the public records
- Removing a tax lien on your credit report
- Checking if you have a lien on your house
- Filing a lien release on your car
What Else Can DoNotPay Do?
Solving lien-related problems is just one of the issues in which DoNotPay can help. If you're encountering any other problems, consider getting assistance from DoNotPay.
Here's what DoNotPay can help you solve in the comfort of your home:
- Report a service provider in small claims court
- Reach out to a customer service
- Get a release of liability
- Increase your credit limits
- Close a bank account
- Clean your credit reports
- Negotiate to get help with your bills
- Negotiate for a reduction in your property taxes