TITLE 42 - PUBLIC HEALTH

CHAPTER IV - CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER A - GENERAL PROVISIONS

PART 401 - GENERAL ADMINISTRATIVE REQUIREMENTS

subpart f - CLAIMS COLLECTION AND COMPROMISE

401.607 - Claims collection.

  (a) General policy. CMS recovers amounts of claims due from debtors, including interest where appropriate, by (1) Direct collections in lump sums or in installments; or (2) Offsets against monies owed to the debtor by the Federal government where possible.

  (b) Collection in lump sums. Whenever possible, CMS attempts to collect claims in full in one lump sum. However, if CMS determines that a debtor is unable to pay the claim in one lump sum, CMS may instead enter into an agreement to accept regular installment payments.

  (c) Collection in installments. Generally, CMS requires that all claims to be satisfied by installment payments must be liquidated in three years or less. If unusual circumstances exist, such as the possibility of debtor insolvency, an installment agreement that extends beyond three years may be approved.

  (1) Debtor request. If a debtor desires to repay a claim in installments, the debtor must submit (i) A request to CMS; and (ii) Any information required by CMS to make a decision regarding the request.

  (2) CMS decision. CMS will determine the number, amount and frequency of installment payments based on the information submitted by the debtor and on other factors such as (i) Total amount of the claim; (ii) Debtor's ability to pay; and (iii) Cost to CMS of administering an installment agreement.

  (d) Collection by offset. (1) CMS may offset, where possible, the amount of a claim against the amount of pay, compensation, benefits or other monies that a debtor is receiving or is due from the Federal government.

  (2) Under regulations at 405.350405.358 of this chapter, CMS may initiate adjustments in program payments to which an individual is entitled under title II of the Act (Federal Old Age, Survivors, and Disability Insurance Benefits) or under the Railroad Retirement Act of 1974 (45 U.S.C. 231) to recover Medicare overpayments.

[48 FR 39064, Aug. 29, 1983, as amended at 61 FR 49271, Sept. 19, 1996; 61 FR 63748, Dec. 2, 1996]