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  • CMS Offers Alternative Dispute Resolution for Some Providers With Unresolved Medicare A or B Appeals

    Providers with Medicare Part A or B appeals that have been waiting for a decision are being offered the possibility of resolving those appeals through a new alternative dispute resolution program from the US Centers for Medicare and Medicaid Services (CMS). However, the requirements around just who can qualify for the service, and under what circumstances, are a bit complex—that's why CMS is urging interested providers to review online resources and register now for a May 22 conference call that will attempt to explain the details.

    Called the "Settlement Conference Facilitation" (SCF) program, the initiative is aimed at providers and suppliers who have claims appeals awaiting decisions in the Office of Medicare Hearings and Appeals (OMHA) or Medicare Appeals Council (Council). In the SCF, "a facilitator uses mediation principles to assist the appellant and CMS in working toward a mutually agreeable resolution" to a claims appeal, according to CMS. The facilitator can't make rulings on the merits of a claim, nor can the facilitator serve as a fact-finder; instead, says CMS, the facilitator "may help the appellant and CMS see the relative strengths and weaknesses of their positions."

    To qualify for the program, a provider must have a National Provider Identifier, cannot have or have had False Claims Act litigation pending against them, and cannot have filed for bankruptcy or expect to do so.

    But those are just the provider qualifications. Determining which appeals would qualify for the program is another somewhat more complicated matter, involving the total number of appeals pending, the dollar amounts involved in those appeals, and the codes used in the initial claim, among other requirements.

    To help make things clearer, CMS offers a webpage on the SCF program and urges interested providers to join a conference call on May 22 at 1:30 pm ET. That call requires free advance registration, which closes at noon on May 22 or earlier if spaces fill up. Questions about the SCF can be emailed to OMHA.SCF@hhs.gov.

    This program is separate from the Low-Volume Appeals Initiative CMS announced in February of 2018.

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