Medicare Secondary Payer Manual (Pub. 100-05), Ch. 5 § 10.7.3
Liability Development
10.7.3 - Liability Development
(Rev. 11550; Issued: 08-12-22; Effective: 10-13-22; Implementation:10-13-22)
The MSP Contractor develops to determine if a liability (including automobile liability) insurance
claim has been or will be filed. If, as a result of that development or receipt of self-reported information
(for example, letter from beneficiary or attorney or other beneficiary representative, notification from
provider), the beneficiary/representative indicates the intent to file a liability insurance claim, the
beneficiary/representative is notified by the MSP Contractor of Medicare's potential recovery claim. If
there is a settlement, judgment, or award, the MSP Contractor shall, where appropriate, send the
attorney or other beneficiary representative a release agreement to be completed.
If the MSP Contractor's development indicates there is a possible payment under liability insurance,
the A/B MAC or DME MAC shall make conditional payment.