medicare denial

[dekenn]

I finally got the insurance payment from a payer that had me jumping through hoops for a year and a half.  We went back and forth with fax it to this number, no this number, no, this number...etc... constantly claiming that they either 1. didn't have it (i had fax confirmations), or 2. they changed the fax number again, and this time I had to send it to THIS number.
Anyway, finally got paid on 4/15/2011 for date of service 10/21/2009.  No interest, mind you...
However, there was a $16.25 balance, and the patient had Medicare as secondary.  I promptly sent the secondary claim, with the eob, medicare denied it due to timely filing, and stated $0 pt responsibility and that I may not appeal this decision.
Do I have to write this off because of the shenanigans of the primary insurer???
Any input would be great.... I know it's not a lot of money, but it's the principal of the matter!   
Thanks

[arms]

Sadly I would say yes you have to write it off.

Technically you should be submitting a claim to secondary insurance before timely filing deadline is up even if you do not have the primary eob. They will pend claim for receipt of primary eob hence giving you more time to get it.

[PMRNC]

No, appeal to the secondary with a letter and dates filed with primary as well as any supporting documentation from the primary to account for the delay, if you don't have any letters, denials or eob's within the time frame you need, simply do the letter with a timeline and outline the problem for the secondary. I bet they pay. Worth a shot before you bill the patient or write it off.