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Home My WebLink About05-14-09 ~~-~ -logy C ~ ~~ MELISSA PEEL GREEv%Y JEP,P.Y R. DUFFIE ROBERT M. «'ALKER RICHARD W. STEWART WADE D. MANLEI' C. ROY WEIDNER, JR. ELIZABETH D. SNUVER EDPVIUND G. MYERS KELLY L. BON,ANNO DAVID W. DELUGE L A ~7 O F F I C E S ANDREW P. DOLLM:IN JOHN A. STATLER JEFFERSON J. SHIPAQ.AN ~~~~~~ JEFFREY B. RETTIG OF COUNSEL KEVIN E. OSBORNE HOR.ACEA. JOHNSON RALPI I H. t1'R1GHT, IR. ~~~~~ F. LEE SHIPMAN MARK C. DUFFLE iI965-?oorl Jo~N R. NINOSkI r,tlcHaEL J. C,~SSIDY Gt,l F I.~, 1 '~'f' N;rt. I 1 I?-'=1 X11.: ird;~?jd;~~+.rom May 12, 2009 ' ~~ _ ~, r-= ~, -c- - _~, ~.l „33n 1 w _ /-_ - ~~ _,~ . - CMS _ , ~ _. • P.O. Box 39 - - ~ `~ ~' - KS 66044 Lawrence .~ ° ,.. , ~ RE: Written Authorization Estate of Gladys Cox Dear Sir or Madam: This firm represents the estate of a deceased Medicare beneficiary. In the course of that representation, the Executrix was required to submit information to Medicare in connection with several claims. The detailed claims information was submitted by the Executrix and when the Executrix inquired in writing to the Claims Division she was told that they could not respond to her inquiry because the Letters Testamentary she had previously provided were not signed by a Judge. The Executrix lived in Ohio and the decedent was a resident of Cumberland County, Pennsylvania. The Will, with the Petition for Letters Testamentary, together with other information, was submitted to the Register of Wills of Cumberland County, Pennsylvania. The Will was admitted to probate and, in accordance with Section 3155, Pennsylvania Probate, Estates and Fiduciaries Code, the Cumberland County Register of Wills issued Letters Testamentary to the individual designated in the Will. Those Letters Testamentary were submitted to the Claims Division of Medicare in connection with the Executrix's inquiries into the status of several claims. The Claims Division would not provide any information to the Executrix because the Letters Testamentary were not signed by a Judge. Subsequently, I discussed this issue with a representative of the Claims Division of Medicare. This representative recited that the information could not be provided if the Letters Testamentary were not signed by a Judge. 301 ~'IARKET STREET P.O. B0~ i09 LEV'I01"~E. PEVi ~iS1'Lt!4!~IA i %013-0109 ti,~'~V\V.JDS1t'.COM il%.761.~k5~0 FAX:7i7.76I.3015 iv?AIL@JDS1j'.COP~'I JOHNSON, DUFFIE, STEWART &WEIDNER, P.C. CMS May 12, 2009 Page 2 Section 3155, Pennsylvania Probate, Estates and Fiduciaries Code provides as follows: §3155. PERSONS ENTITLED. (a) LETTERS TESTAMENTARY. Letters Testamentary Shall be granted by the register to the executor designated in the will, whether or not he has declined a trust under the will. In Section 102, Pennsylvania Probate, Estates and Fiduciaries Code, the term "REGISTER" is defined as "the register of wills having jurisdiction of granting of letters testamentary or of administration." Attached is a copy of an undated letter addressed to the Medicare Beneficiary acknowledging receipt of original documents and returning the original documents to the Medicare Beneficiary (technically the personal representative). Also attached is a copy of a letter, dated April 6, 2009, addressed "To the Estate of Gladys Cox Dorothy Bell for...". In the first paragraph of that letter the last two (2) sentences provide as follows: "The Letters of Testamentary is invalid because it does not have a judge's signature on it. For it to be valid with Medicare there has to be a judge's signature on it." As set forth above, pursuant to Section 3155, Pennsylvania Probate, Estates and Fiduciaries Code, the register of wills is authorized to issue Letters Testamentary. I would respectfully submit that if, under Pennsylvania state law, the Letters Testamentary are issued by an appropriate official that if that official is not a judge CMS should not or does not have the authority to require that the Letters Testamentary be signed by a judge. As set forth above, Section 3155, Pennsylvania Probate, Estates and Fiduciaries Code, clearly authorizes the register of wills of each county to issue Letters Testamentary in accordance with the Pennsylvania Probate, Estates and Fiduciaries Code. I would respectfully request that you provide CMS's legal authority to mandate a judge's signature with respect to Letters Testamentary issued to a resident decedent. I have administered several estates and this is the first time that I have heard of the CMS requirement that a judge sign the Letters Testamentary notwithstanding the applicable law authorizing an elected register of wilts to sign the Letters Testamentary. CMS May 12, 2009 Page 3 Thank you very much for your consideration. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER R. Duffie gjm:365859 Enclosures cc: Dorothy Bell, Executrix / Glenda Farner Strasbaugh :/ Register of Wills and Clerk of Orphans' Court The Honorable Arlen Specter The Honorable Robert Casey The Honorable Todd Platts FAX N0. :3305414106 May. 08 2009 02:16PM P1 FROM : cis c~+lses fbr e,ms~vix~s Dear Medicare Beneficiary, Nfedicare Beneficiary 5eivices:l-Boo-M-E~DIYC/~D(1-877-486-20 8 We recently received correspondence from you. The enclosed materials were included with your correspondence. We are returning these materials to you for the following reason(s): .. .. .. ....... .:. ~ .g...~ . ~ . . ~- ~~ ~W'~-re'ceive+~`oTi anal nr~official d~oct~ments froze yea.~~The~se-do~cu~er~s~'~have.:. ' been scanned electronically, and will be used to answer.your inquiry. in a separate letter. We are returning the original copy. Please keep the original document in your files. Death Certificate & Estate Document -returned 3/3o/zoo9 _ Your check is being returned because we did not receive sufficient information Regarding who it should be sent to. if you owe any money to Medicare, you will receive an invoice for the payment you need to make. If so, please mail your check to the addr~ss• that is on the invoice. _ We received medical~equipment from you. However, w~~ yo r eQ dement or equipment returns or adjustments. If you are unhappy need to return it, please contact your healthcare provider or the company that you purchased the equipment from. Medicare is unable to accept returned equipment. Other: Thank you for sending.ysumatter or have other it ms y uDwould~ke t odiscussaplease questions concemmg th contact our office at the number below. Thank you, Medicare Beneficiary Contact Center 1-800.MEDICARE (1-800-633=4227) ~ :. - Medicare -Beneficiary Contact Center PO Box 39 Y,awrencc Kansas 66044 FRX N0. :3305414186 May. 08 2009 82:16PM P2 .;,- FROM : ' Ntedicare ~'~J~.S~ ~~~~ ~ Beneficiary Services:l-8o0-MED~tCrA/TDD11 8 ~ 86-2048 4/6/2009 To the Estate of Gladys Cox Dorothy Bell For 2151 Meadowsvveet Lane Streetsboro, OH 44241 09 326I,~2624.77~ __. ~ ~ ~ ..:_T_ _ ___v._._= -._._ To the Estate of Ms. Cox, Thank you for sending your letter to Medicare about your papers and wanting to know if all claims have been paid. Power of Attorney papers are invalid with Medicare after the beneficiary is deceased. The I-e~ers of Testamentary is invalid because it does not have a judge's signature on it. For it to be valid with Medicare there has to be a judge's signature on it. You will need to contact her prow' o tell i all cl taims have golne through et TThe prov~der Medicare. We do not have a way has several months to submit a claim to Medicare. We are sending copies of Medicare Summary Notices (MSNs) for ail claims submitted from 7/I/08 to 9/19/08. Hopefully, that will help you determine if all the claims have been submitted to Medicare. if you have any questions concerning this matter, or have other items you would like to discuss, glease call: 1-800-MEDICARE (1-800-633-4227}. - _ -. _~. . ~..~ ~ _ ~..-- Sincerely, 1-800-MEDICARE Customer Service Representative w~paafin~ sty w [:] ~'' ~ C+. ~ ~ r- ~r r r ri~~1~ -I O _~`l'w °, ~ ~1 ~ ~,, O ~--~ w ~o _ ~~ 0 U W d ~O~ Q QQ=mod ~- Z ~ M W ~ ~~~0?0 W~j=~o~ z,,,..~-~=Q ~o~zF-a J QW~~o~, Z~W_I~w~ ~~UUOV :::, i `:.1 i, 4:'•~ i;' } .:..t