Medicare Secondary Payer Proposal Should Set Fair Penalties

Law360 (May 28, 2020, 6:07 PM EDT) -- The public comment period for the Centers for Medicare & Medicaid Services' long-awaited proposed rule concerning how it will assess penalties for Medicare secondary payer, or MSP, late reporting, known as Section 111 reporting, has now closed. This rule will significantly impact the entire secondary payer community especially insurers, self-insured businesses, retailers, public agencies and others that are required to report MSP claims to CMS.

Unfortunately, the proposed rule contains a number of flaws that unduly penalize entities that make a good faith effort to report MSP claims, rather than those that intentionally refuse to report. Furthermore, its current iteration continues...

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