Part I of this article provided an overview of the Medicare reporting requirements. Since the time that Part I was published, the Medicare Secondary Payment Recovery Contractor (MSPRC) has released a new rights and responsibilities letter which provides that Medicare will not take any collection action during the pendency of any appeal or waiver request.1

Part II of this article addresses potential liability for future payments and the use of a Medicare “set-aside” (MSA), as well as the recently introduced “SMART” Act, a bill intended to facilitate the process of reimbursing Medicare under the Medicare Secondary Payer (MSP) Act. The SMART Act would also ease both the reporting requirements and the penalties for non-compliance.

Medicare Set-Asides