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Medicare Private Cause of Action: Is that still a thing?


A private cause of action was first added to the Medicare Secondary Payer Act in 1986 and was later revised in 1989. But, did you know that there is legislation being introduced to eliminate the burdensome private cause of action? Join us for a fascinating webinar where you will learn about the current MSP private cause of action, how you can protect your clients from being sued, how to navigate MSP claims to avoid potential exposure and learn what’s being done to reform the law through the Repair Abuses of MSP Payments (RAMP) Act.

Over in the executive branch, on March 1, 2022, Centers for Medicare and Medicaid Services (CMS) submitted a “final rule” for Medicare Secondary Payer (MSP) and Certain Civil Money Penalties to the White House Office of Regulatory Information and Affairs (OIRA) for review and approval. This “final rule“ is anticipated to be the long-awaited final rule regarding Section 111 reporting penalties. Join us for a discussion of the history of the civil monetary penalty rule, how the government may apply reporting penalties, defenses to government penalties and a discussion of the changes that may be coming. The time to get informed is now! The “final rule” could take effect 30-60 days after publication.  Click here to be notified when this webinar is scheduled.

David Farber, King & Spalding LLP
Judith O'Grady, Troutman Pepper Hamilton

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