The Medicare Advocacy Recovery Coalition (MARC) is an organization made up of insurance companies, third party administrators, defense firms, plaintiff firms and MSP compliance companies. MARC recently announced an important new legislative initiative. Primary Plans which are plagued unfairly by MSP private cause of action claims would have an important tool at their disposal, once the legislation is introduced and passed. What the Provide Accurate Information Act (PAID) does is to require CMS to provide in response to any Query file submitted by a Responsible Reporting Entity (RRE) Medicare Advantage, Part D and Medicaid beneficiary information. Such information is already provided by CMS as part of the Query Response File for Group Health Plan reporting under MSP requirements. This law is asking CMS to do the same for Non-Group Health Plans. Bottom-line, when such legislation is introduced and passed, Primary Plans will know who is a Medicare Advantage, Part D or Medicaid beneficiary before any settlement, judgment or award. This will make it easier to then contact those entities to identify and pay any liens. Resolving those liens in that manner is the fair approach here, and remove the surprises we currently experience in double damage claims brought under MSP Private Cause of Action.


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