Can the Medicare recovery amount be waived in favor of the beneficiary?
Medicare may grant a full or partial waiver of its recovery amount with respect to the beneficiary. The criteria for a waiver a) requires the beneficiary be without fault and the recovery b) would effect financial hardship or be against equity and good conscience, Section 1870 (c) of the Social Security Act. The attorney representing the beneficiary may request a waiver by completing CMS/SSA Form SSA-632-BK and returning the form to the lead contractor. The Medicare contractor is required to make a waiver decision within 120 days from the date the waiver request is received at the contractor site.
