CMS Pub. 100-06, ch. 5, § 410.1

All Medicare contractors receive unsolicited/voluntary refunds (i.e. monies received not

related to an open accounts receivable). Following are detailed instructions on how to

identify, process, track and report unsolicited/voluntary refund checks received from

providers/physicians/suppliers, and other entities (e.g., beneficiaries, insurers, employers,

third party administrators (TPAs), etc.). These instructions shall not supersede other

CMS guidance provided regarding the recovery and collection action on “demanded”

debt, where an accounts receivable has already been established. If monies are received

and the results of a contractor’s investigation identify the existence of an established

receivable, then the refund shall not be considered an “unsolicited/voluntary refund”

within the context of the following instructions, and would not be reported on Exhibit 2

of these instructions (see section 410.9).

Intermediaries generally receive unsolicited/voluntary refunds from providers in the form

of an adjustment bill, but may receive some unsolicited/voluntary refunds from providers

and third party payers as checks. Carriers generally receive checks from physicians,

suppliers and third party payers. Substantial funds are returned to the trust funds each

year through such unsolicited/voluntary refunds.

Acceptance/deposit of the voluntary refund check in no way limits the rights of the

Federal Government or any of its agents to pursue any appropriate criminal, civil, or

administrative remedies arising from or relating to these or any other claims.