CMS Pub. 100-04, ch. 1, § 70.6

As a general rule, where the contractor receives a late filed claim submitted by a provider

or supplier with no explanation attached as to the circumstances surrounding the late

filing, the contractor should assume that the provider or supplier accepts responsibility

for the late filing.

Where it comes to the attention of a provider or supplier that health services that are or

may be covered were furnished to a beneficiary but that the general time limit (defined in

§70.1 above) on filing a claim for such services has expired, the provider or supplier

should take the following action.

• Where the provider or supplier accepts responsibility for late filing, it should file a

no-payment claim. (See Chapter 3 for no-payment bill processing instructions.)

Where the provider or supplier believes the beneficiary is responsible for late filing,

it should contact the contractor and also file a no-payment claim and include a

statement in the remarks field on the claim explaining the circumstances which led

to the late filing and give the reasons for believing that the beneficiary (or other

person acting for him/her) is responsible for the late filing. If a paper claim is

submitted, such a statement may be attached and, if practicable, may include the

statement of the beneficiary as to the beneficiary’s view on these circumstances.

• Where the beneficiary does not agree with the determination that the claim was not

filed timely or the determination that he/she is responsible for the late filing, the

usual appeal rights are available to the beneficiary. Where the provider or supplier is

protesting the denial of payment or the assignment of responsibility, no formal

channels of appeal are available. However, the contractor may, at the request of the

provider or supplier, informally review its initial determination.