Medicare General Information, Eligibility and Entitlement Manual (Pub. 100-01), Ch. 6 § 21.3
Advance Payment/Requests Fulfilled Without Remittance
21.3 - Advance Payment/Requests Fulfilled Without Remittance
(Rev. 1, 09-11-02)
Where estimated costs exceed $250.00, or if the requester has failed to pay previous bills
in a timely fashion, collect fees and charges before the requested material is copied and
furnished. Use the Division of Accounting, CMS's FOIA Bad Debtor Listing to
determine delinquency. Notify the requester of the total estimated charges, using
language similar to the following:
The HHS regulations require that a charge be made to recover some of the costs
incurred in the disclosure of information. The total (estimated) billable cost for the
material you requested is $ ______. The cost consists of the following charges: (list
here breakdown of charges; e.g., "Photocopying: $10; Searching: $450). Please
send a check or money order for the total amount made out to CMS and mail it to
(contractor address).
The material will be mailed to you upon receipt of payment (subject to any
adjustment to the estimate). If we do not hear from you within 30 days, we will
assume your request has been withdrawn and no further action will be taken.
Be sure to point out to the requester that even though the invoice says to mail the check to
the CMS Division of Accounting in Baltimore, in this case the check must be mailed to
the contractor so that payment can be verified before the material is mailed. Subsequent
to the contractor's receipt of the advance payment, send both the check and the finance
copy of the invoice to the Division of Accounting in Baltimore. Because some requesters
will neither provide advance payment nor notify the contractor that they no longer desire
the requested material, do not send the "Finance" copy of the invoice to Accounting until
after the advance payment check is received. For the same reason, do not begin
searching for and photocopying the requested material until the advance payment is
received. If you do not hear from the requester in 30 days, close the request.