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HRD-85-79 1 (1985-06-28)

handle is hein.gao/gaobabnsp0001 and id is 1 raw text is: 
  ( n' .rj      UNITED STATES GENERAL ACCOUNTING OFFICE
                          WASHINGTON. D.C. 20548

HUMAN NEUOURCZU
   DIVISION   bythe c.


     B-219002


     The Honorable John Heinz             RELEASED
     Chairman, Special Committee on Aging                         127496

     United States Senate

     Dear Mr. Chairman:

          Subject: Medicare Part B Beneficiary Appeals Process
                    (GAO/HRD-85-79)

          This is in response to your request for information about
     claims processing and due process protections for beneficiaries
     under part B of Medicare, the supplementary medical insurance
     program under title XVIII of the Social Security Act. Specifi-
     cally, you asked for information on (1) the adequacy of the
     beneficiary appeals process under the due process principle of
     the Constitution and (2) the extent to which the Department of
     Health and Human Services' (HHS') Health Care Financing Adminis-
     tration (HCFA), which administers Medicare, has implemented
     certain prior GAO recommendations directed at preventing under-
     payments to beneficiaries. You also asked for data on the
     extent and outcome of beneficiary appeals under part B.

          Our review of court decisions related to the part B appeals
     process showed that courts have found HHS' appeals procedures
     did not satisfy the requirements of due process. HHS has taken
     some actions in response to these court decisions, and the
     courts are reviewing these actions to determine their suffi-
     ciency.

          HHS said that it has not acted to implement our 1980 and
     1981 recommendations to improve protection against underpayments
     to beneficiaries because to do so would increase administrative
     costs and program payments. While we recognize that costs would
     increase if our recommendations are implemented, taking the ac-
     tions we recommended would help assure that beneficiaries re-
     ceive the benefits they are entitled to by law.

          The statistical information on beneficiary appeals that
    you requested is contained in HCFA's quarterly Carrier ARpeals
    Report. A copy of the September 1984 report was provided to
    your office on October 11, 1984.


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