Equitable relief provisions do not apply to R-HI. Therefore, termination of R-HI (if
based on the 1978 Amendments) will always be the end of the 12th month after the month
of dialysis cessation or the 36th month after the month of transplant, even though
termination of R-SMI may occur at the end of the month of the actual terminating action.
Although equitable relief provisions do not apply to R-HI, in any case in which an
R-HI overpayment resulted from the same government fault requiring R-SMI equitable
relief, R-HI overpayment recovery action should not be taken. In such cases, the beneficiary
is considered to be without fault and recovery is deemed to be against equity and
good conscience. However, if any one of the requirements for equitable relief indicated
in item A.1. through A.4. above is not present, then both R-HI and R-SMI should terminate
retroactively; i.e., at the end of the 36th month after the month of transplant or
the 12th month after the month of cessation of a regular course of dialysis, whichever
is applicable. Retroactive termination of both R-HI and R-SMI requires that normal
overpayment recovery proceedings be instituted.