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CMS Releases Proposed Rule for Medicare Secondary Payer (MSP) and Certain Civil Money Penalties

Yesterday, CMS filed its unpublished proposed rule, (for publication February 18, 2020), regarding civil money penalties for Medicare Secondary Payer MMSEA Section 111 Reporting. Public comments must be received no later than 60 days post publication. We have been awaiting these rules since the implementation of the reporting requirements in 2009, following the passage of the Medicare Medicaid SCHIP Extension Act of 2007 (MMSEA). Prior comments were solicited by CMS and considered as part of an Advanced Notice of Proposed Rule Making (ANPRM) in December 2013. In response to these public comments, CMS has proposed the following: 1. CMS will not assess civil monetary penalties when a non-group

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