Patrick Murphy (D-PA) introduces Medicare Secondary Payer Enhancement Act of 2010

On March 9, 2010, Representatives Patrick Murphy (D-PA) and Tim Murphy (R-PA) introduced the Medicare Secondary Payer Enhancement Act of 2010.  This bill was created by the Medicare Advisory Recovery Committee (MARC) and addresses a number of items including conditional payments and the reporting of workers’ compensation payments.  It is no secret that the implementation of Section 111 reporting requirements has created a number issues that has left the Non-Group Health Plan Required Reporting Entities (NGHP RREs) reeling for answers.  This bill was created to address some of those issues by amending title XVII of the Social Security Act.

According to the MARC, if enacted the bill will:

  • Revise the information flow so that MSP conditional payment demand occurs before settlement
  • Provide a safe harbor alternative if the Center for Medicare and Medicaid Services is unable to provide a final demand before settlement
  • Provide a right of appeal to a non-group health plan settling party
  • Establish a $5,000 threshold on MSP recoveries and set a three year statute of limitations
  • Protect beneficiaries’ from having to disclose their Social Security Numbers (SSN) or Health Insurance Card Number (HICN).

To view this proposed bill in it’s entirety, please click here.


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