Medicare and Bankruptcy

Insolvency

Should you find yourself filing for insolvency or embroiled in a liquidation case, it’s imperative to inform your designated Medicare Administrative Contractor (MAC) at once, enabling us to address any Medicare-related financial commitments appropriately. Prompt notification is crucial, even in the absence of outstanding Medicare bills at the insolvency declaration, to guarantee that we can manage your case with due diligence.

Inform your designated MAC by supplying:

Designation under which the insolvency is filed
Jurisdiction where the insolvency was lodged
Case number
National Provider Identifier (NPI)

Locate your MAC Interactive Map.

It’s also mandatory to deliver notice of insolvency to CMS and the DOJ in compliance with prevailing federal statutes, ordinances, and procedures.

Notification to federal entities upon commencement of insolvency proceedings

Typically, to execute notification adequately, a debtor is obliged to notify “the United States attorney for the district where the action is taking place and to the federal department, agency, or entity through which the indebtedness to the debtor arose.” F.R.B.P. 2002(j).

Discover your U.S. Attorney Interactive Map.

All adversary actions implicating the United States government or its agencies must undergo service directed at the Attorney General at this address, together with the pertinent government agency and a duplicate sent to the U.S. Attorney:

Attorney General of the United States

U.S. Department of Justice

950 Pennsylvania Avenue, NW

Washington, DC 20503-0001

Service directed at HHS should be dispatched via mail to the Department of Health and Human Services, the Secretary of Health and Human Services, or additional Department officials in their capacity as officers, at the address detailed below per 45 C.F.R. § 4.1.:

General Counsel, Department of Health and Human Services

200 Independence Avenue, S.W.

Washington, DC 20201

Guidelines for effectuating service upon a government agency are detailed in Fed. R. Civ. P. 4(i), F.R.B.P. 1007(d), 2002(f)-(g), (j), 7004(b)(4)-(5); 11 U.S.C. § 342(g); 45 C.F.R. Part 4.

Additional Resources on Insolvency information:

U.S. Courts: https://www.uscourts.gov/services-forms/bankruptcy

Federal Insolvency Courts: https://www.usa.gov/federal-agencies/bankruptcy-courts

Department of Justice: https://www.justice.gov/jm/civil-resource-manual-48-bankruptcy-players-outline