On December 29, 2007, President Bush signed into law the Medicare, Medicaid, and SCHIP Extension Act (“MMSEA”). Section 111 of the MMSEA amended the “notice and reporting” requirements under the Medicare Secondary Payer Statute (“MSP”) relating to workers’ compensation, liability (including selfinsurance) and no-fault cases. These new reporting requirements become effective July 1, 2009 and apply to self-insureds and captive insurers. Failure to comply can result in a fine of $1000 per day, per claim. Before July 1, 2009, self-insured and captive insurers need to become aware of Section 111 and CMS’ proposed policy guidelines, and develop the necessary internal procedures for proper Section 111 compliance.
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