September 15, 2009 / Law Alert

Are You in Compliance with the Mandatory Reporting Requirements Under the Medicare, Medicaid and SCHIP Extension Act of 2007?

The Medicare, Medicaid and SCHIP Extension Act of 2007 ("MMSEA") took effect July 1, 2009. One of the purposes of MMSEA is to allow the federal government to recover payments made under Medicare when Medicare incorrectly acted as a primary payer or when a Medicare beneficiary receives payments from both an insurer and Medicare for the same injury. To that end, MMSEA requires group health plan arrangements ("GHPs" ) and liability insurers, no-fault insurers, workers' compensation insurers, and self-insurers (collectively, "non-GHPs") to report any settlement, award, judgment, or other payment that they make involving a Medicare beneficiary to the Centers for Medicare and Medicaid Services ("CMS"), the federal agency within the U.S. Department of Health and Human Services that is responsible for administering Medicare.