IMPORTANT MEDICARE SECONDARY PAYER INFORMATION
March 15, 2010
Dear Fellow Trial Lawyer:
There continues to be a significant amount of confusion regarding the requirements of the Medicare Secondary Payer Act and its accompanying regulations. In order to address this confusion, AAJ has drafted a Medicare Secondary Payer fact sheet to give you some background on the Medicare Secondary Payer Act and what we believe is a correct interpretation of its requirements. In addition, we have included information on AAJ’s current initiatives regarding Medicare Secondary Payer.
The Medicare Secondary Payer fact sheet and the August 2009 letter regarding the Medicare Secondary Payer Section 111 Reporting Requirements can be found on AAJ’s website at the following address:
www.justice.org/msp
Recent statements from CMS regarding the use of set-asides in liability cases can be found on CMS’ website at the following address:
www.cms.hhs.gov/MandatoryInsRep/Downloads/
Oct2209NGHPTranscript.pdf
We hope this information will be useful. For additional and more in-depth information regarding Medicare Secondary Payer, the Exchange has two litigation packets available for purchase entitled: “Medicare and Medicaid Reimbursement Claims Survival Guide” and “ERISA Reimbursement Claims Survival Guide.” For more information regarding these litigation packets, please contact the Exchange at (800) 344-3023 or (202) 965-3500, ext. 8615.
AAJ also has teleseminars available for playback entitled: “A Survival Guide to ERISA Based Liens”, “Medicare—Liens and Set-Asides” and “Preparing for Absolute Medicare Compliance: Understanding the New Requirements and Their Effect on Your Practice and Set-Asides.” These teleseminars can be accessed at the Playback Now web site, AAJ’s provider of recorded CLE programs or by calling (800) 241-7785.
AAJ Public Affairs will continue to keep you apprised of any changes regarding this issue. In the meantime, if you have additional questions, please contact Sarah Rooney, Regulatory Counsel at sarah.rooney@justice.org.
Sincerely,
Anthony Tarricone
President