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. § 411.28

Waiver of recovery and compromise of claims

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(a) CMS may waive recovery, in whole or in part, if the probability of recovery, or the amount involved, does not warrant pursuit of the claim.

(b) General rules applicable to compromise of claims are set forth in subpart F of part 401 and § 405.376 of this chapter.

(c) Other rules pertinent to recovery are contained in subpart C of part 405 of this chapter.

[54 FR 41734, Oct. 11, 1989, as amended at 61 FR 63749, Dec. 2, 1996]
Notes of Decisions
Cited in 5 cases, 1995–2008 · leading case: Protocols, LLC v. Leavitt, 549 F.3d 1294 (10th Cir. 2008).
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Protocols, LLC v. Leavitt, 549 F.3d 1294 (10th Cir. 2008). “§ 1395y(b)(2)(B)(v); 42 C.F.R. § 411.28 . Of course, when a worker makes a workers’ compensation claim, there may be doubt concerning whether the worker’s *1296 medical expenses are compensable.”
In Re Zyprexa Prods. Liab. Litig., 451 F. Supp. 2d 458 (E.D.N.Y 2006). “” 42 C.F.R. § 411.28 . Medicare may decide to compromise a claim because: the Medicare beneficiary is unable “to pay the full amount within a reasonable time”; the federal government is unable “to collect .”
Smith v. Farmers Ins. Exch., 9 P.3d 335 (Colo. 2000). “§ 1395y(b)@Q)(B)(ii) (granting the government subrogation rights); 42 C.F.R. § 411.28 (b) (requiring a beneficiary to cooperate with Medicare in recovering a third-party payment); 42 C.”
Zinman v. Shalala, 67 F.3d 841 (9th Cir. 1995). · cites it 2× “See also 42 C.F.R. § 411.28 . There is no issue of waiver before us.”
Denekas v. Shalala, 943 F. Supp. 1073 (S.D. Iowa 1996). “§ 1395y(b)(2)(B)(iv); see also 42 C.F.R. § 411.28 (waiver and compromise).”
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