Medicare Secondary Payer Manual (Pub. 100-05), Ch. 7 § 70.8
Validation of Possible Eligible Debts for Referral
70.8 – Validation of Possible Eligible Debts for Referral
(Rev. 12438; Issued: 01-04-24; Effective: 02-06-24; Implementation: 02-06-24)
MSP Contractors are reminded that if one or more of the claims in a specific debt were covered by a MSP
GHP settlement, those claims released in the settlement may not be included in the ITR letter and must be
handled appropriately.
NOTE: MSP Contractors shall follow all CMS communications specific to litigation or negotiation activities
as conveyed by CMS and ensure compliance with all instructions. For Non-GHP debts; MSP Contractors
shall confirm notice of settlement, judgment, award or other payment had been received on a liability, no
fault or workers’ compensation case and a recovery demand letter was issued.
For DPP debts: The demand shall not have been issued unless insurer information had already confirmed the
existence of a duplicate payment.
For ALL Debt types: MSP Contractors shall bring closure (e.g., apply and/ or respond) to all checks related
to established debts, posed defenses, waiver requests or compromise requests to a debt prior to the sending
of an ITR to Treasury letter or the eventual referral to Treasury for cross- servicing, including the TOP.
MSP Contractors shall document all actions taken on a debt after the demand (e.g., posting check, adjusting
for a defense, etc.) in the HIGLAS system. MSP Contractors shall maintain all incoming correspondence
and copies of outgoing correspondence within a case file. MSP Contractors that maintain case files and
correspondence electronically shall ensure case retrieval or recreation take place within two (2) business
days of a request.