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US Bodily Injury News Get SMART


On March15, 2011The Strengthening Medicare and Repaying Taxpayer Act of 2011– H.R.1063 - (SMART Act) was introduced in the Congress of the United States.


Karen C. Hildebrandt Vice-President


The Act, which has bi-partisan support as well as the support of many industry groups, aims to improve the efficiency of the current Medicare Secondary Payer system as well as speed repayments of amounts owed to the Medicare Trust Fund. The sponsors have identified many of the areas which the Team has noted are continuing problems for our Members in attempting to comply with Medicare reporting requirements and settlements involving Medicare eligible persons.


The SMART Act aims to speed settlement times by placing time limits for responses from CMS with regard to conditional payment requests, allowing the parties to obtain the amount of


Medicare repayments owed before settlement, rather than after. It also would include a minimum dollar threshold below which conditional payment reimbursement and mandatory reporting would not be required. There would be good faith exceptions to the $1,000 a day non-reporting penalty established. Social security numbers of individuals would not be required for reporting. Member and attorneys have frequently reported problems in obtaining social security numbers from individuals who are leery of identity theft. A three year statute of limitations would apply to conditional payments and mandatory reporting actions.


This is just the first step in getting this proposed law passed. There will be hearings in both the House and the Senate and both bodies would have to vote affirmatively on the Act and then have it signed into law by the President. A similar bill introduced last year did not progress. Some of the provisions of the Act will be subject to further regulation which would delay implementation. However, this Act is seen by industry groups as a step in the right direction to easing the current system while at the same time protecting the Medicare Trust Fund.


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