Showing posts with label Medicare Secondary Payer Act. Show all posts
Showing posts with label Medicare Secondary Payer Act. Show all posts
Medicare Advantage Organization Allowed to Sue Law Firm and Lawyer Over Conditional Payments

Medicare Advantage Organization Allowed to Sue Law Firm and Lawyer Over Conditional Payments

A Federal Court has ruled that a Medicare Advantage Organization (MAO) is permitted under the law to sue a law firm and a lawyer for the failure to reimburse conditional medical expenses arising out of an accident. 

US District Court Judge, Henry E. Hudson, ruled that the Medicare Secondary Payer statute created a private cause of action to pursue recovery for conditional payments that it made on the beneficiary's behalf for medical expenses resulting from an automobile accident.

"Although not binding precedent, this Court finds persuasive the Third Circuit's determination that a MAO may pursue recovery pursuant to the private right of action in § 1395y(b)(3)(A). Section 1395y(b)(2)(A)'s plain language establishes a private right of action to recover double damages where a primary plan fails to pay. Absent from the plain language of the statute is any restriction upon who may utilize that private right of action."

Humana Insurance Co. v Paris Blank LLP, 197 F. Supp. 3d 676 (E.D. Virginia 2016)
CMS Publishes Final Rule for MSP Conditional Payments Via Web Portal

CMS Publishes Final Rule for MSP Conditional Payments Via Web Portal

This final rule, effective June 16, 2016,  specifies the process and timeline for expanding CMS' existing Medicare Secondary Payer (MSP) Web portal to conform to section 201 of the Medicare IVIG and Strengthening Medicare and Repaying Taxpayers Act of 2012 (the SMART Act).


The final rule specifies a timeline for developing a multifactor authentication solution to securely permit authorized users other than the beneficiary to access CMS' MSP conditional payment amounts and claims detail information via the MSP Web portal.

It also requires that CMS add functionality to the existing MSP Web portal that permits users to:
  1. Notify us that the specified case is approaching settlement; 
  2. obtain time and date stamped final conditional payment summary statements and amounts before reaching settlement; 
  3. and ensure that relatedness disputes and any other discrepancies are addressed within 11 business days of receipt of dispute documentation.
Effective date: June 16, 2016