The Submit Compromise Request action allows you to submit an offer for Medicare to accept less than the amount Medicare is owed. The Centers for Medicare & Medicaid Services (CMS) is given authority to consider the compromise of Medicare's claim under the Federal Claims Collection Act (FCCA) at 31 USC, 3711 et seq. and 42 CFR 401.613. Compromise requests must be submitted in writing to the Benefits Coordination & Recovery Center (BCRC), who will forward the request to the appropriate CMS Regional Office for requests of (<$100,000) or Central Office for requests of (> $100,000) for consideration.

A compromise decision made by CMS is final and is not subject to appeal. However, if you are not in agreement with the CMS compromised amount, you do not have to accept it. You have the option to decline the offer and pursue a waiver.

A compromise can be requested after settlement. Settlement information must be submitted in writing before your request will be processed.

CMS uses the following factors to determine if a compromise or suspension of a claim is warranted. Whether or not a compromise will be granted depends on a number of factors and each matter is considered on a case-by-case basis.

1. Inability to pay - the cost of collection does not justify the enforced collection of the full amount of the claim;
2. If there is an inability to pay within a reasonable time on the part of the individual against whom the claim is made; or
3. Chances of successful litigation are questionable, making it advisable to seek a compromised settlement.

After submitting a compromise request successfully, you can view details about your request and all requests submitted for a case by clicking the Waiver/Redetermination/Appeal/Compromise tab on the Case Information page. This tab displays a record of each compromise that has been requested for the current Case ID and includes details such as the Received(date), Decision, and the Decision Date.