Waiver under Section 1862(b) of the Act

50.18 – Waiver under Section 1862(b) of the Act (Rev. 10629; Issued: 03-23-21; Effective: 04-19-21; Implementation: 04-19-21) This section of the Act grants the Secretary the right to waive MSP liability recoveries if doing so would be “in the best interests of the program.” Authority to grant waivers under this section of the Act may be exercised only by CMS staff. Waivers granted under this authority may not be appealed because they are granted at CMS’s discretion. (See 42 C.F.R. § 405.926(h)).