MSA News - CMS Issues a Final Rule for the SMART ACT

On April 23, 2015, The Centers for Medicare & Medicaid Services (CMS) established an appeal process for Applicable Plans under the Strengthening Medicare and Repaying Taxpayers Act of 2012 (the SMART ACT), including Liability Insurance (Including Self-Insurance), No-Fault Insurance, and Workers’ Compensation Laws or Plans.

This final rule establishes a formal appeals process for liability insurance (including self-insurance), no-fault insurance, and workers’ compensation laws or plans in situations where the Secretary of Health and Human Services seeks Medicare Secondary Payer (MSP) recovery. The rule is effective April 28, 2015 and applies to demand letters issued on or after April 28, 2015.

If a Responsible Reporting Entity (RRE) or plan files an appeal, the beneficiary will be notified in writing. The notice will be informational only and does not require any action on the part of the beneficiary who receives the notice. To obtain a copy of the Appeal process including a sample beneficiary letter, please click here >>