Medicare Secondary Payer Manual (Pub. 100-05), Ch. 7 § 40.17
CMS Incurs Procurement Costs
40.17 – CMS Incurs Procurement Costs
(Rev. 12438; Issued: 01-04-24; Effective: 02-06-24; Implementation: 02-06-24)
If CMS must bring suit against the party that received payment because that party opposes CMS’ recovery,
the recovery amount is the lower of the following:
a)
The Medicare payment; or
b)
The total settlement, judgment, award, or other payment amount, minus the party’s total procurement
costs.