Pre-Settlement Communications

40.10 – Pre-Settlement Communications (Rev. 12438; Issued: 01-04-24; Effective: 02-06-24; Implementation: 02-06-24) In many instances, liability settlements are reached without resorting to litigation, or before a trial commences. If the beneficiary is pursuing the claim, the MSP Contractor advises the beneficiary of Medicare’s interest in the matter. If the beneficiary has engaged counsel, that counsel should file a proof of representation with Medicare. Without the proof of representation, Medicare cannot communicate with the beneficiary’s representative. If the MSP Contractor receives proof of representation, it will retain copies for the file. Note that if the beneficiary has not engaged counsel, there may not be beneficiary procurement costs to subtract from Medicare’s claim. MSP Contractors are not permitted to conduct negotiations with liability insurers. If the beneficiary wishes for any other party to receive information regarding his/her MSP recovery case, or if any other party wishes to receive such information, the party much have an executed Consent to Release before the MSP Contractor can share the information.