Requests That Medicare Accept Less Than Its Claim

50.1 – Requests That Medicare Accept Less Than Its Claim (Rev. 10629; Issued: 03-23-21; Effective: 04-19-21; Implementation: 04-19-21) Medicare may receive a request to accept less than the full amount of its recovery claim. Under Section 1862(b) of the Act, Medicare may recover up to the full amount of any settlement, judgment, award, or other payment received by the beneficiary. In addition, Section 1862(b)(1) of the Act gives the Medicare program the right of subrogation for any amounts payable to the program under the MSP provisions of the SSA. The FCCA, as amended by the DCIA of 1982, and Section 1870(c) of the Act, gives CMS the right to settle claims for reimbursement.