US Congress Senate Bill 1718 (Prior Session Legislation)

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Spectrum: Bipartisan Bill
Status: Introduced on October 17 2011 - 25% progression, died in committee
Action: 2011-10-17 - Read twice and referred to the Committee on Finance. (text of measure as introduced: CR S6602-6603)
Pending: Senate Finance Committee
Text: Latest bill text (Introduced) [PDF]

Strengthening Medicare And Repaying Taxpayers Act of 2011- Amends title XVIII (Medicare) of the Social Security Act with respect to any settlement, judgment, award, or other payment between a Medicare claimant and an applicable plan involving a payment made for items and services by the Secretary of Health and Human Services (HHS). Declares that, in the case of a payment to the claimant by the Secretary, and beginning 120 days before the reasonably expected date of a settlement, judgment, award, or other payment, the claimant or applicable plan may at any time but only once: (1) notify the Secretary that a payment is reasonably expected, and (2) request a statement of the conditional payment reimbursement amount for any payments subject to the required reimbursement. Requires the Secretary to respond to such a request, within 65 days after receiving it, with a statement of reimbursement amount. Prescribes procedures for the claimant, an applicable plan, or specified related entities to follow if the Secretary fails to provide such a statement. Specifies circumstances: (1) in which the claimant, an applicable plan, or specified related entities are shielded from liability for certain payments; and (2) in which the Secretary shall be exempt from any obligation for a statement of reimbursement. Directs the Secretary to promulgate regulations establishing a right of appeal and appeals process, with respect to any determination for a payment made under such title for an item or service under a primary plan, under which the applicable plan involved, or an attorney, agent, or third party administrator on behalf of such applicable play, may appeal such determination. Exempts a primary plan, and an entity receiving payment from a primary plan, from any obligation to reimburse the appropriate Trust Fund for a Medicare payment by the Secretary with respect to any settlement, judgment, award, or other payment by an applicable plan constituting a total payment obligation to a claimant of not more than the single threshold amount calculated by the Chief Actuary of the Centers for Medicare & Medicaid Services (CMS). Requires the Chief Actuary to calculate and publish the single threshold amount annually. Makes discretionary rather than mandatory the current civil money penalty for an applicable plan's noncompliance with requirements to submit insurance information about a claimant. Requires the severity of each penalty to be based on the knowing, willful, and repeated nature of the violation. Prescribes requirements for the specification of practices for which sanctions will not be imposed on a plan (safe harbors). Directs the Secretary to modify insurance information reporting requirements so that a plan, in complying with them, is permitted but not required to access or report beneficiary Social Security account numbers or health identification claim numbers. Sets a three-year statute of limitations on a Medicare secondary payer claim by the Secretary for reimbursement against an applicable plan that becomes a Medicare primary payer pursuant to a settlement, judgment, award, or other judicial action.

Strengthening Medicare And Repaying Taxpayers Act of 2011

Sen. Ron Wyden [D-OR]	Sen. Lamar Alexander [R-TN]	Sen. Michael Bennet [D-CO]	Sen. Roy Blunt [R-MO]
Sen. Richard Burr [R-NC]	Sen. Robert Casey [D-PA]	Sen. Christopher Coons [D-DE]	Sen. Mike Crapo [R-ID]
Sen. Al Franken [D-MN]	Sen. Lindsey Graham [R-SC]	Sen. Kay Hagan [D-NC]	Sen. Mike Johanns [R-NE]
Sen. Mark Kirk [R-IL]	Sen. Jon Kyl [R-AZ]	Sen. Mary Landrieu [D-LA]	Sen. Claire McCaskill [D-MO]
Sen. Lisa Murkowski [R-AK]	Sen. Benjamin Nelson [D-NE]	Sen. Rob Portman [R-OH]	Sen. Mark Pryor [D-AR]
Sen. James Risch [R-ID]	Sen. Debbie Stabenow [D-MI]	Sen. John Thune [R-SD]	Sen. Roger Wicker [R-MS]

Date	Chamber	Action
2011-10-17	Senate	Read twice and referred to the Committee on Finance. (text of measure as introduced: CR S6602-6603)
2011-10-17	Senate	Sponsor introductory remarks on measure. (CR S6602)

HB1063 (Same As) 2012-12-20 - Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 112-715, Part I.

Type	Source
Summary	https://www.congress.gov/bill/112th-congress/senate-bill/1718/all-info
Text	https://www.congress.gov/112/bills/s1718/BILLS-112s1718is.pdf