Medicare Secondary Payer Reporting and Repayment Obligations: Is Relief on the Way?

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The Medicare Secondary Payer Enhancement Act of 2010 (MSPEA)1 was introduced in Congress on March 9, 2010, and would amend the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA) statute to address many of the concerns raised by counsel for plaintiffs, defendants and others who are likely to be affected by MMSEA's reporting requirements. MMSEA requires all settlements of claims for Medicare beneficiaries to be reported to the Centers for Medicare and Medicaid Services (CMS), beginning in the first quarter of 2011.2 The MSPEA legislation is sponsored by five congressmen and is under consideration by the House Committee on Ways and Means and the House Committee on Energy and Commerce.

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