C.F.R. » Title 42 » CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER B—MEDICARE PROGRAM › PART 411—EXCLUSIONS FROM MEDICARE AND LIMITATIONS ON MEDICARE PAYMENT › Subpart B—Insurance Coverage That Limits Medicare Payment: General Provisions

42 C.F.R. § 411.23

Beneficiary's cooperation

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(a) If CMS takes action to recover conditional payments, the beneficiary must cooperate in the action.

(b) If CMS's recovery action is unsuccessful because the beneficiary does not cooperate, CMS may recover from the beneficiary.

Notes of Decisions
Cited in 4 cases, 2000–2014 · leading case: Collins v. Wellcare Healthcare Plans, Inc., 73 F. Supp. 3d 653 (E.D. La. 2014).
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Collins v. Wellcare Healthcare Plans, Inc., 73 F. Supp. 3d 653 (E.D. La. 2014). “42 C.F.R. § 411.23 (b). The agency regulations thus call for MAOs to maintain the right to bring reimbursement claims against the beneficiaries.”
In Re Dow Corning Corp., 250 B.R. 298 (Bankr. E.D. Mich. 2000). “2 (placing certain obligations on “persons receiving care and treatment”); 42 C.F.R. § 411.23 (stating that if “HCFA takes action to recover conditional payments, the beneficiary must cooperate in the action”); 32 C.”
In Re Silicone Gel Breast Implants Liab. Litig., 174 F. Supp. 2d 1242 (N.D. Ala. 2001). “§ 1395y(b)(2)(B)(ii); 42 C.F.R. § 411.23 . However, the United States has not pointed to any provision of the regulations that permits it to collect a second payment from a third party without first attempting to collect from the beneficiary.”
United States v. Baxter Int'l, Inc., 174 F. Supp. 2d 1242 (N.D. Ala. 2001). “§ 1395y(b)(2)(B)(ii); 42 C.F.R. § 411.23 . However, the United States has not pointed to any provision of the regulations that permits it to collect a second payment from a third party without first attempting to collect from the beneficiary.”
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