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The MSPRC has created many strange Medicare lien resolution policies in the last few years. One of the more recent is the use of a “Rights and Responsibilities” Letter. I get two questions about these nearly every day:
First, the purpose of the Rights and Responsibilities letter (“RAR”) is to educate the average Medicare beneficiary and personal injury attorney. It briefly explains the Medicare lien resolution process (while leaving out much of the dispute, appeal, and settlement notice procedures). Additionally, the date at the top of a RAR letter is essentially your first Medicare signpost. It begins a 65 day countdown until your Conditional Payment Letter should arrive. This 65 days is more of an estimate than actual due date.
Second, you will receive a RAR letter regardless of Medicare consent status. You will not receive a Conditional Payment Letter unless you have sent in a consent or proof of representation signed by your client. So, if you have received a RAR letter, but no Conditional Payment Letter, and if 65 days have passed, check to see if you have consent. The MSPRC often fails to recognize consent forms on its own, but you can easily direct an agent to the forms through a phone call.