Friday, July 31, 2009

Medicare,Medicaid, and SCHIP Extension Act of 2007 (the "Act").

The Act requires Responsible Reporting Entities ("RREs") to report to the Centers for Medicare and Medicaid Services ("CMS") any partial payment, settlement, judgment or award made to a Medicare beneficiary. The Act, which was originally scheduled to go into effect on October 1, 2009, has been delayed by CMS until April 1, 2010.

RREs include liability insurers, no-fault insurers, workers compensation insurers and self-insureds. Hence, insurance companies are responsible for reporting under the Act for many of their insureds. If your customers must register because they fall into one of these two categories, they may designate a reporting agent. If, on the other hand, your customer has a deductible policy or a TPA with which the insurance company has contracted, makes all payments to the claimants on behalf of the customer, then they must register as the RRE and designate the TPA as the reporting agent. Instructions and additional information regarding the Act and registration can be found at http://www.cms.hhs.gov/MandatoryInsRep.

The information provided should not be relied upon on as legal advice or a definitive statement of the law of any jurisdiction. For such advice, the reader should consult with their own legal counsel. No liability is assumed by reason of the information contained herein.