Lathrop GPM Partner Catherine Goldhaber recently authored an article for Law360 titled “Time To Reform The Medicare Secondary Payer System,” discussing the critical need to improve and streamline the Medicare Secondary Payer (MSP) program, especially in the wake of the economic strain caused by COVID-19.
Goldhaber emphasizes that while the MSP program has annually recouped nearly $8 billion for Medicare by ensuring other parties pay for beneficiary injuries, its effectiveness is hindered by “numerous technical flaws.” She highlights a key area of confusion involving Medicare Part C Advantage and Part D pharmaceutical plans, where the Centers for Medicare & Medicaid Services’ (CMS) system is not equipped to help settling parties coordinate benefits.
To address this, Goldhaber advocates for the bipartisan Provide Accurate Information Directly (PAID) Act, which would require CMS to provide settling parties with the beneficiary’s Medicare Advantage or Part D plan information, allowing for proper reimbursement. She also addresses outdated elements of the MSP program that CMS could resolve administratively, specifically focusing on the proposed rule for assessing penalties for late Section 111 reporting. Goldhaber notes that this proposed rule “unfortunately contains a number of flaws that would unduly penalize those entities trying in good faith to comply with the complex reporting requirements.”
She concludes by stressing the urgency for policymakers to act, stating, “The time is now for policymakers to act to ensure MSP works as it should for the benefit of those it was created to safeguard.”
Read the full article here: Time To Reform The Medicare Secondary Payer System