Originally published in CLM Magazine April 2019 Edition

Following the Rules: Proposed Rules Aim to Clarify Enforcement of Medicare Secondary Payer Compliance

In December 2018, two (2) notices were posted on the Office of Management and Budget (OMB) website signaling that the Department of Health & Human Services (DHHS)/Centers for Medicare & Medicaid Services (CMS) plans to move forward with Notice of Proposed Rulemakings (NPRMs) which would ramp up CMS’ enforcement of the Medicare Secondary Payer (MSP) Act in 2019. The first rulemaking is titled, “Miscellaneous Medicare Secondary Payer Clarifications and Updates,” and the second rulemaking is titled, “Civil Money Penalties and Medicare Secondary Payer Reporting Requirements.” Both rulemakings are scheduled to be released by September 2019.

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