Letter to CMS Regarding the Medicare Secondary Payer (MSP) Program

September 5, 2013

Excerpt: While it is our understanding that CMS has made some progress in implementing the SMART Act and improvements to the MSP program, some challenges remain. In August 2011, CMS announced that it would only pursue those claims with a recovery value of $300 or more in certain liability insurance cases. However, it is our understanding that CMS continues to pursue claims below the $300 threshold. In addition, CMS has not promulgated certain regulations and rules required under the SMART Act by the deadlines specified in the law.

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