Updating Internet Only Manual (IOM) 100-05, Chapter 7, Section 10.8 to Include Additional Policy for Wrongful Death Claims
The purpose of this Change Request (CR) is to update the Medicare Secondary Payer manual to add language and clarify policy for wrong death claims where a settlement, judgment, award, or other payment was based entirely on the wrongful death theory of liability, as supported by appropriate documentation, and thus no medical expenses were claimed or released by the settlement procured or judgment entered, then there is no requirement that the settlement or judgment be reported, as Medicare would have no recovery rights against such a payment.
Issued by: Centers for Medicare & Medicaid Services (CMS)
Issue Date: October 24, 2024
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