US · guidance
CMS Pub. 100-06, ch. 3, § 140.3.4
The CMS Office Jurisdiction Generally Parallels the Bankruptcy Court
Where Case is Filed
(Rev. 13825; Issued: 06-11-26; Effective: 07-13-26; Implementation: 07-13-26)
In most cases, the RO which has jurisdiction over a bankruptcy case is the one which has jurisdiction
over the State in which the debtor files for bankruptcy (bankruptcy is filed in federal court). This RO
will usually be the lead RO. The RO will contact the contractor.
The ROs will review each bankruptcy, even when no current overpayments exist, since the possibility of
overpayment determinations remains until the FI settles all cost reports. Medicare is an unsecured
creditor in bankruptcy, and is among the last creditors to receive a distribution of funds, unless it takes
proactive steps to protect Medicare's interests.
History
(Rev. 13825; Issued: 06-11-26; Effective: 07-13-26; Implementation: 07-13-26)
Provenance
- Source
- cms.gov
- Retrieved
- 2026-08-25
- Edition
- iom-2026-08-25
- Content hash
8e3d60c1d15aa14530cdfca54a9032cbf855507affec486516bf664abb78b102
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