CMS Continues the Deadline for Reporting Liability Settlements and Makes Other Changes That Could Affect Resolution of Product Liability Claims



Since Congress passed the Medicare, Medicaid and SCHIP Extension Act (MMSEA or the Act), litigants have scrambled to interpret the language and discern the likely ramifications of the Act on the resolution of liability claims. The sanctions for non-compliance imposed by Section 111 of the MMSEA, which includes double damages and fines of $1,000 per day of non-compliance, provide the necessary incentive for both the plaintiff and defense bars to actively engage the Centers for Medicare and Medicaid Services (CMS) on all manner of logistical issues associated with implementation of the Act. The result has been a continuing dialogue with CMS.

Despite these efforts, in February 2010, confusion surrounding application of the Act culminated in CMS moving the reporting start date to October 1, 2010 and the reporting deadline to January 1, 2011. However, as questions remained unanswered, CMS was again compelled to move these deadlines. On November 9, 2010, CMS issued an "alert" indicating the reporting start date for liability claims has been moved to October 1, 2011 and the reporting deadline has been extended to January 1, 2012. The practical effect of this change is that any liability settlements completed before October 1, 2011 will not need to be reported.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Sedgwick LLP | Attorney Advertising

Written by:


Sedgwick LLP on:

Popular Topics
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.