CMS News and Announcements

On October 2, 2012, CMS published a Memo titled Transition to Part D Coverage of Benzodiazepines and Barbiturates Beginning in 2013, stating that as of January 1, 2013, Part D will begin covering barbiturates and benzodiazepines.  Furthermore, as of June 1, 2013, CMS will require that Medicare Set Asides include funds for benzodiazepines and barbiturates now covered by Medicare Part D.  Click the link below to see the full text of the CMS Part D Memo.

On January 10, 2013, President Obama signed the SMART Act into law.  The SMART Act will permit parties to obtain a final lien demand prior to settlement.  Medicare will be required to provide a final lien amount within 65 days of a request so that the settling parties will know how much money is necessary to cover the lien.  There will also be a right of appeal if the parties disagree with the lien amount. The SMART Act will set a threshold for MSP claims.  If the MSP claim (lien) is small, Medicare will not pursue reimbursement. The SMART Act will amend the penalty language for failure to comply with reporting requirements to read that the fine will be “up to $1,000.00” per day at the discretion of the Dept. of Health and Human Services.  This will protect Carrier/Employers who made good faith efforts to comply who should not be severely penalized. The SMART Act will require that Medicare find an alternative to SSNs and Medicare numbers for identifying beneficiaries to protect their sensitive personal information. The SMART Act will establish a 3 year statute of limitations from the date of reporting for all MSP claims (instead of 6).