How Tower Reduced Conditional Payments to $0

June 23, 2026

Image of Tower MSA Partners Why Case Studies Matter series, Blog 9 Conditional Payments Reduced to Zero

In Tower MSA Partners’ last post, From Backlog to Breakthrough, Reducing 43 Percent of Legacy Claims, we explored how structured review helped a payer resolve 43% of its legacy claim backlog. This month, we focus on a different but equally important component of Medicare compliance. A payer requested Tower MSA Partners’ assistance with Medicare conditional payments after receiving an unexpectedly high reimbursement demand. Through detailed investigation, clinical review, and strategic communication with Medicare, Tower reduced the conditional payment amount to zero. This case shows how expertise in documentation and compliance protects payers from unnecessary financial exposure.

Identifying the Problem

Medicare conditional payments arise when Medicare covers medical treatment that may be related to a worker’s compensation or liability claim. In this case, Medicare issued a demand letter listing charges that totaled several thousand dollars. Tower’s analysts reviewed the itemized charges and immediately identified discrepancies. Many of the listed treatments were unrelated to the claimed injury, some were incorrectly dated, and others were duplicates. Without intervention, the payer would have reimbursed Medicare for services that were not their responsibility.

The Conditional Payment Resolution Solution

Tower MSA Partners performed a complete conditional payment review. Analysts compared each charge to the claimant’s medical history, verified diagnoses, and confirmed which treatments were causally related to the claimed condition. The review found multiple services that did not match the injury, unrelated emergency visits, and unrelated diagnostic imaging. Tower prepared a detailed dispute package explaining why each unrelated charge should be removed. Medicare accepted the documentation and eliminated every disputed line item, reducing the conditional payment amount to zero.

Collaboration and Communication

Tower communicated closely with the claims professional throughout the process, providing updates on findings and ensuring that the payer understood the basis of each dispute. The clinical team also prepared clear documentation for Medicare that supported the request for removal of unrelated charges. This level of communication helped streamline the review process and ensured the payer had complete visibility of the findings. Because the documentation was thorough and aligned with Medicare standards, the dispute was accepted without further development.

Why Oversight Makes the Difference

Conditional payments require precise evaluation because even a single unrelated treatment can create unnecessary financial exposure. Many payers reimburse Medicare due to uncertainty about which charges apply. Tower’s clinical oversight identifies unrelated treatment, strengthens dispute documentation, and prevents avoidable reimbursement. This case shows how expert review transforms a costly demand into a compliant resolution that protects the payer and ensures accurate reporting.

Lessons Learned

  1. Conditional payment reviews must be detailed to identify unrelated charges.
  2. Accurate documentation leads to successful Medicare disputes.
  3. Collaboration with claims professionals ensures clarity and confidence.
  4. Strategic oversight prevents unnecessary reimbursement. This case resulted in a zero-dollar conditional payment demand.

Results That Reflect Expertise

Through thorough review and precise documentation, Tower reduced Medicare conditional payments to zero. The payer avoided unnecessary expenses and gained confidence that the claim was handled accurately and compliantly. Tower MSA Partners continues to demonstrate the importance of clinical insight, administrative precision, and regulatory expertise in managing Medicare related obligations.

FAQs

What are Medicare conditional payments?

Medicare conditional payments occur when Medicare pays for treatment that may be related to a compensable claim and seeks reimbursement from the responsible payer.

Why do conditional payment demands include unrelated charges?

Medicare often uses broad diagnosis codes, which can pull in unrelated treatment unless each line item is reviewed.

How does Tower reduce conditional payments?

Tower verifies each charge, identifies unrelated services, and prepares detailed dispute documentation for Medicare.

Can Medicare reduce conditional payments to zero?

Yes. When documentation proves that charges are unrelated to the claim, Medicare may remove the items entirely.

 

Fixed Percentage Option Now Available for Liability Settlements up to $10,000

September 29, 2023

Tower MSA Partners explains CMS Fixed Percentage Option for liability settlements up to $10,000.

The Centers for Medicare and Medicaid Services recently announced that the maximum settlement amount for use of the Fixed Percentage Option will increase from $5,000 to $10,000, effective 10/2/2023. The Fixed Percentage Option is available to the claimant in a liability settlement and allows them to agree to pay 25% of the total settlement amount to resolve Medicare’s recovery claim for conditional payments.  The criteria for selecting this option are:

  • Your liability insurance (including self-insurance) settlement, judgment, award or other payment is related to an alleged physical trauma-based incident and;
  • The total settlement is for $5,000 (Note this amount will be raised to $10,000, effective October 2, 2023) or less.
  • You elect the option within the required timeframe and Medicare has not issued a demand letter or other request for reimbursement related to the incident.
  • You have not received and do not expect to receive any other settlements, judgments, awards, or other payments related to the incident.

This option benefits the injured person when Medicare conditional payments exceed 25% of the total settlement amount.  For example, if Medicare has made conditional payments of $8,000 on a $10,000 total settlement, the claimant would pay only $2,500 to resolve them with the Fixed Percentage Option. On the other hand, if conditional payments are $800 on a $10,000 settlement, it is better to use the traditional repayment method with a proportional reduction for attorney’s fees and costs, if any.

Accordingly, it is essential for claimants and their attorneys to investigate Medicare conditional payments prior to settlement so that they can choose the best method for resolving Medicare’s interests.

More information on the Fixed Percentage Option can be found on the CMS website here.

Please contact Tower’s Chief Compliance Officer, Dan Anders, at daniel.anders@towermsa.com with any questions.

CMS News Roundup: New Conditional Payment Appeals Guide & Webinar on Section 111 Reporting

May 25, 2023

Learn what CMS shared about non submit MSAs, WCMSA policy updates, Medicare obligations, & key guidance for workers' comp settlements.

The Centers for Medicare and Medicaid Services (CMS) recently released a how-to guide for appealing Medicare conditional payment demands. The Non-Group Health Plan (NGHP) Applicable Plan Appeals Reference Guide consolidates conditional payment rules and best practices that the agency has issued through webinars, slides and its website.

Section 2.0 gives a breakdown of the appeals levels and explains how to submit an appeal and authorization/letter of authority requirements.  Section 3.0 details what can be appealed and supporting documentation.  Section 4.0 lists additional resources.  Finally, an appendix provides sample letters and model language for applicable plans to appoint recovery agents.

It is important to note that this guide does not cover Conditional Payment Notices (CPNs), which are issued before demand letters to allow the recipient 30 days to dispute the charges.  However, the bases for CPN disputes are the same as those found in Section 3.0.  When the dispute fails or is not timely, a demand letter is issued and the demand letter can be appealed, even with the same arguments used to dispute the CPN.

We appreciate CMS taking the time to draft and release this guide.  It joins the WCMSA Reference Guide and the Section 111 User Guide as critical reference tools for anyone impacted by Medicare Secondary Payer compliance.

CMS Section 111 Non-Group Health Plan (NGHP) Unsolicited Response File Webinar

The Centers for Medicare and Medicaid Services (CMS) recently published a Section 111 reporting webinar notice for a webinar on June 6, 2023 at 1:00 PM ET and states:

CMS will be hosting a webinar regarding the upcoming implementation of the Section 111 NGHP
Unsolicited Response File option. The format will be opening remarks by CMS, a presentation that will include background as well as how to opt in and what to expect, followed by a question and answer session. For questions regarding this topic, prior to the webinar, please utilize the Section 111 Resource Mailbox PL110-
173SEC111-comments@cms.hhs.gov

As of July 2023, Responsible Reporting Entities (RREs) can opt-in to receive a monthly “NGHP Unsolicited Response File” via the Section 111 secure website. Per CMS, the file “will provide critical information about updates to ORM records originally submitted in the last 12 months and allow RREs to either update their internal data or contact the Benefits Coordination & Recovery Center (BCRC) for a correction.”

It is important for an RRE to review and confirm that the changes made by the BCRC and listed in this report are correct.  If not, then the BCRC must be contacted to advise them that the RRE disagrees with the change made by the BCRC.  We encourage anyone involved in managing Section 111 reporting to tune in.  Please note that there is no pre-registration; the link and call-in numbers are on the notice.  You log in shortly before the webinar’s start time.

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