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HRD-83-38 1 (1983-03-04)

handle is hein.gao/gaobabmvs0001 and id is 1 raw text is: 


                     UNITED STATES GENERAL ACCOUNTING OFFICE
                             WASHINGTON, D.C. 20548


HUMAN R COURCX3
   DIVISION

       B-210513                                        MARCH 4,1983


       Mr. Thomas R. Donnelly
                   ,,ore..,IIIoIll l I                        ll Ill Ill
       Acting Secretary of Health and
         Human Services
                                                           120712
       Dear Mr. Donnelly:

            Subject: Savings Possible by Modif~ing Medizare's
                      Waiver of Liability Rules (GAO/HRD-83-38)

            As part of its 1983 budget-cutting proposals, the admin-
       istration sought, but did not obtain, legislation to modify
       Medicare's waiver of liability provision with respect to pay-
       ments to hospitals, skilled nursing facilities, and home
       health agencies.1 According to the President's proposals,
       this change would have resulted in a net savings of $10
       million in fiscal year 1983. We believe that such legislation
       is not necessary. Savings could be realized by changing the
       waiver of liability rules.

       THE WAIVER OF LIABILITY PROVISION

            Medicare's waiver of liability provision, section 1879 of
       the Social Security Act, protects beneficiaries from having to
       pay for services they receive that Medicare will not pay for
       because it determined the services were not medically reason-
       able or necessary or were custodial in nature. The provision
       authorizes HHS to indemnify beneficiaries against the costs
       associated with the claims denied for payment2 as long as

       IBudget material for fiscal year 1984 states that HHS will
       again request such legislation.
       21f the provider bills the beneficiary and he or she pays for
       the denied services, Medicare reimburses him or her at Medi-
       care's normal payment rate for the service in question, less
       any applicable deductible and coinsurance. The amount reim-
       bursed to the beneficiary is treated as an overpayment to the
       provider to be withheld from future payments. In fiscal year
       1981, Medicare paid 74 indemnification requests totaling
       $46,577.


                                                             (106220)


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