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:
What is the purpose of this letter?
Why do I get this,
but no Conditional Payment Letter?
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
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
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