Indemnification Procedures for Claims Falling Within the

100 - Indemnification Procedures for Claims Falling Within the Limitation on Liability Provision (Rev. 1, 10-01-03) Section 1879(b) of the Act provides that when a provider, practitioner, or supplier is held liable for the payment of expenses incurred by a beneficiary for noncovered items or services and such provider, practitioner, or supplier requests and receives payment from the beneficiary or any person(s) who assumed financial responsibility for payment of expenses, the Medicare program indemnifies the beneficiary or other person(s). Further, any such indemnification payments are considered overpayments to the provider, practitioner, or supplier. A provider, practitioner, or supplier who is determined liable may not seek payment from a third party payer. (See §30.2.B.)