Medicare Secondary Payer Crisis Averted

AAJ learned on Oct. 14 that the Centers for Medicare & Medicaid Services (CMS)—at the request of the Biden Administration—has officially withdrawn a rule that would have increased Medicare Secondary Payer (MSP) reimbursements.
CMS was proposing a rule that mandates how the Agency would collect reimbursement for medical care that comes after a settlement or judgement. When AAJ first learned of this proposed rule, it sprang into action and worked with the Administration to explain why a proposal such as this would harm beneficiaries. We also worked with allies in the business/insurance community who also agree that the proposal would make it substantially more difficult to settle claims with a Medicare component.
AAJ is immediately pivoting to actually fixing the MSP statute as well as fixing the bad Gallardo v. Marstiller decision which impacts Medicaid reimbursements.

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