U.S. Congress - H.R.1063 Strengthening Medicare And Repaying Taxpayers Act of 2011
H.R.1063 - Strengthening Medicare And Repaying Taxpayers Act of 2011
To amend title XVIII of the Social Security Act with respect to the application of Medicare secondary payer rules for certain claims. view all titles (2)
All Bill Titles
- Short: Strengthening Medicare And Repaying Taxpayers Act of 2011 as introduced.
- Official: To amend title XVIII of the Social Security Act with respect to the application of Medicare secondary payer rules for certain claims. as introduced.
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Official Summary
3/14/2011--Introduced.Strengthening Medicare And Repaying Taxpayers Act of 2011- Amends title XVIII (Medicare) of the Social Security Act with respect to any settlement, judgment, award, or other payment between a Medicare claimant and an applicable plan involving a payment made for itemsOfficial Summary
3/14/2011--Introduced.Strengthening Medicare And Repaying Taxpayers Act of 2011- Amends title XVIII (Medicare) of the Social Security Act with respect to any settlement, judgment, award, or other payment between a Medicare claimant and an applicable plan involving a payment made for items and services by the Secretary of Health and Human Services (HHS). Declares that, in the case of a payment to the claimant by the Secretary, and beginning 120 days before the reasonably expected date of a settlement, judgment, award, or other payment, the claimant or applicable plan may at any time but only once:(1) notify the Secretary that a payment is reasonably expected, and
(2) request a statement of the conditional payment reimbursement amount for any payments subject to the required reimbursement. Requires the Secretary to respond to such a request, within 65 days after receiving it, with a statement of reimbursement amount. Prescribes procedures for the claimant, an applicable plan, or specified related entities to follow if the Secretary fails to provide such a statement. Specifies circumstances:
(1) in which the claimant, an applicable plan, or specified related entities are shielded from liability for certain payments; and
(2) in which the Secretary shall be exempt from any obligation for a statement of reimbursement. Directs the Secretary to promulgate regulations establishing a right of appeal and appeals process, with respect to any determination for a payment made under such title for an item or service under a primary plan, under which the applicable plan involved, or an attorney, agent, or third party administrator on behalf of such applicable plan, may appeal such determination. Exempts a primary plan, and an entity receiving payment from a primary plan, from any obligation to reimburse the appropriate Trust Fund for a Medicare payment by the Secretary with respect to any settlement, judgment, award, or other payment by an applicable plan constituting a total payment obligation to a claimant of not more than the single threshold amount calculated by the Chief Actuary of the Centers for Medicare & Medicaid Services (CMS). Requires the Chief Actuary to calculate and publish the single threshold amount annually. Makes discretionary rather than mandatory the current civil money penalty for an applicable plan's noncompliance with requirements to submit insurance information about a claimant. Requires the severity of each penalty to be based on the knowing, willful, and repeated nature of the violation. Prescribes requirements for the specification of practices for which sanctions will not be imposed on a plan (safe harbors). Directs the Secretary to modify insurance information reporting requirements so that a plan, in complying with them, is permitted but not required to access or report beneficiary Social Security account numbers or health identification claim numbers. Sets a three-year statute of limitations on a Medicare secondary payer claim by the Secretary for reimbursement against an applicable plan that becomes a Medicare primary payer pursuant to a settlement, judgment, award, or other judicial action.
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Organizations Supporting H.R.1063
- Medicare Advocacy Recovery Coalition
Organizations Opposing H.R.1063
- None via MapLight at this time.
Recent News Coverage
United States: Understanding The Medicare Secondary Payer Act
To address some of the issues under the Mandatory Secondary Payer Act discussed above, S.B. 1718 and H.R. 1063, known as the Strengthening Medicare and Repaying Taxpayers Act of 2011 (the SMART Act -- seriously), are currently pending before the Senate and
Medicare legislation draws positive reactions
HR 1063, the Strengthening Medicare and Repaying Taxpayers Act of 2011, was introduced by Reps. Tim Murphy, R-Pa., and Ron Kind, D-Wis. It would amend the application of Medicare secondary payer rules for certain claims, including workers' comp. ...
Wiley Rein LLP > Section 111 Bulletin House Introduces Section 111 Reform Bill ...
In addition, HR 1063 was split referred to the House Ways and Means and the Energy and Commerce Committees, which decreases the likelihood of passage as a stand-alone bill. There is no Senate companion at this time. Reform Redux—Last March, ...
Recent Blog Coverage
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The Official Medicare Set Aside Blog And Information Resource: Top ...
In March, H.R. 4796 was replaced by H.R. 1063 which amended the safe harbor provision to be adjusted annually by the CMS chief actuary to track the cost of recovery, which may permit the bill to score better. Then about ...
The Official Medicare Set Aside Blog And Information Resource: Top ...
In March, H.R. 4796 was replaced by H.R. 1063 which amended the safe harbor provision to be adjusted annually by the CMS chief actuary to track the cost of recovery, which may permit the bill to score better. Then about ...
Rep. Tim Murphy Leads Bipartisan Bill to Aid Seniors, Repay ...
On September 23, I posted about H.R. 1063, a bill introduced in the House titled the Strengthening Medicare And Repaying Taxpayers Act of 2011, or "SMART Act." This bill helps to replenish the Medicare Trust Fund, make ...
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