Publications

October 27, 2009

Author: Megan Gammill

Under the Medicare Secondary Payer Act (MSP), Medicare is entitled to reimbursement of amounts paid to personal injury victims where another entity is primarily responsible for the payment. Such entities typically include civil defendants and their insurers. The Medicare, Medicaid and SCHIP Extension Act of 2007 (MMSEA or the “Act”) amended the MSP by requiring all primary payers to report to the government any payment or expectation of payment to a Medicare beneficiary. To that extent, the MMSEA creates a roadblock to settlement in personal injury cases. Medicare may recover payments from civil defendants and their insurers regardless of whether the payer is at fault or has already paid the Medicare beneficiary. Thus, entities that ignore the MMSEA may literally pay double for it.

Parties on all sides are confused by the MMSEA’s complicated requirements, resulting in several extensions of the various compliance deadlines. However, entities required to register under the Act should have done so by now. This reminder reviews the major post-registration requirements of the MMSEA and their corresponding deadlines.

Download the Mitchell Williams E-Brief providing detailed information about the requirements.

DOWNLOAD: Click Here

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