Medicare Claims Processing Manual (Pub. 100-04), Ch. 37 § 1.3
Generating Unsolicited Responses to the VA
1.3 - Generating Unsolicited Responses to the VA
(Rev. 1454, Issued: 02-22-08, Effective: 04-01-08, Implementation: 04-07-08)
While the VA is entitled by law to collect the coinsurance and deductible amounts that
would have been payable had the claim been a true Medicare claim, it is generally
permitted to do so only to the extent that there are no true Medicare claims for
coinsurance and deductible submitted to the insurer for the same beneficiary for the same
year. While the VA submits these Medicare-equivalent claims in good faith, based on the
current deductible information within CWF and maintained by the shared systems,
situations sometimes arise where a true Medicare claim is subsequently adjudicated and
for whom the insurers' payment of deductible is owed. When this occurs, and the
supplemental insurer processes the true Medicare claim, it may deny the claim believing
it has already paid the deductible, with the possible result of providers in turn billing the
Medicare beneficiary for this amount. While the VA is willing to pay back the amounts
it collected in error, it will not always know that this situation has occurred, and has
asked Medicare to help it determine when this situation has transpired. The solution is an
unsolicited response, sent to the VA, indicating that a change in Medicare deductible has
occurred since the adjudication of the VA claim. The unsolicited response will show the
amount of deductible approved for the affected VA claim and the total true Medicare
deductible satisfied as of the date the Medicare claim was adjudicated. There will be one
unsolicited response per affected VA claim. The unsolicited responses will be generated
each time a Medicare claim affecting the deductible is adjudicated after the adjudication
of a VA claim applying a deductible for the same year of service, even if the VA claim
has not overapplied the deductible. Although this provision became effective January 1,
2006, it affects claims with dates of service January 1, 2004, and later.