Can a beneficiary apply for a hardship waiver for their Medicare liens?
Yes. Waiver authority is provided by Section 1870 of the Social Security Act and is delegated to the Medicare contractor – in this case the Medicare Secondary Payer Recovery Contractor (MSPRC). It is further expounded upon in 42CFR411.28. Any request for waiver should be directed to the MSPRC and then only after the case has settled. Until there is settlement there is only potential debt, and there is no authority to waive potential debt. Remember, the ability for CMS to grant a waiver is fundamentally a hardship question, so the more complete the contractor’s picture of the financial situation the better.
