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<strong>CMS</strong>-1403-FC<br />

The FPLP is a collection and enforcement tool used by<br />

the IRS for individuals that have received all requisite<br />

notification of tax delinquency and who have either<br />

exhausted or neglected to use their respective appeal<br />

rights; therefore, the FPLP is only applied after all<br />

previous IRS collections efforts have failed. Accordingly,<br />

the FPLP is an automated levy program where certain<br />

delinquent taxpayers are systematically matched and levied<br />

on their Federal payments disbursed by Treasury’s FMS.<br />

In 2001, we implemented the FPLP process for Medicare<br />

Part C and vendor payments, and in FY 2009, we will<br />

implement the FPLP process for payments made to providers<br />

and suppliers reimbursed under Part A and Part B of the<br />

Medicare program. However, the FPLP does not allow <strong>CMS</strong> to<br />

offset a payment when an individual reassigns his or her<br />

benefits to a third-party, such as a group practice where<br />

an existing Federal tax delinquency exists.<br />

Consistent with statutory authority found under<br />

sections 1866(j)(1)(A) and 1871 of the Act, we believe that<br />

we have the authority to establish and make changes to the<br />

enrollment process for providers and suppliers of service.<br />

Accordingly, to ensure that the Federal government is able<br />

to recoup delinquent Federal tax debts from physicians and<br />

NPPs who are enrolled in the Medicare program and are<br />

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