CMS has just issued final rules implementing additional KEY PROVISIONS of the Strengthening Medicare and Repaying Taxpayers Act of 2012 (SMART Act). The Act, which was moved through Congress in record time thanks to the efforts of the Medicare Recovery Advocacy Coalition (MARC) and Roy Franco, has five primary provisions, which CMS has been implementing individually. Perhaps the most important provisions have now been implemented: CMS must now provide a right of appeal and an appeal process for liability insurance (including self-insurance), no-fault insurance, and workers’ compensation laws or plans when Medicare pursues a Medicare Secondary Payer (MSP) recovery claim directly from the liability insurance (including self-insurance), no-fault insurance, or workers’ compensation law or plan.
Please contact our office is you have questions regarding this important new right.
