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Medicare Set Aside News - Final Interim Rule for Conforming to SMART Act Announced

On September 20, 2013, the Centers for Medicare & Medicaid Services announced a final interim rule for conforming to the SMART Act

The announced interim final rule with comment period specifies the process and timeline for expanding CMS' existing Medicare Secondary Payer (MSP) Web portal to conform to section 201 of the Medicare IVIG and Strengthening Medicare and Repaying Taxpayers Act of 2012 (the SMART Act). The interim final rule specifies a timeline for developing a multifactor authentication solution to securely permit authorized users other than the beneficiary to access CMS' MSP conditional payment amounts and claims detail information via the MSP Web portal. It also requires that CMS add functionality to the existing MSP Web portal that permits users to:

  1. notify CMS that the specified case is approaching settlement;
  2. obtain time and date stamped final conditional payment summary forms and amounts before reaching settlement; and
  3. ensure that relatedness disputes and any other discrepancies are addressed within 11 business days of receipt of dispute documentation.

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