2019 has been a particularly active year with regard to enforcement of the Medicare Secondary Payer Act (MSP). The rulemakings on Liability Medicare Set-Asides (LMSAs) and Section 111 penalties are on schedule to be issued in September of this year. Further, the industry has experienced an increase in Medicare Advantage and Part D recoveries, as well as an increase in litigation against insurance carriers by Medicare Advantage plans or their assignees. We have also witnessed in 2019 the Federal government on behalf of traditional Medicare become more active, filing suit to recover conditional payments, and also sanctioning multiple plaintiff attorney law firms for failure to properly address MSP concerns. All of the foregoing indicates that we may be on the tip of the iceberg for a more broad application/enforcement of the MSP. Please join Roy Franco and Heather Sanderson on July 25, 2019 at 1:30 PM EST for our next Compliance Learning Network Webinar to learn about recent MSP enforcement and Best Practices to take-away and implement for effective and compliant MSP claims handling.
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