Since the adoption of the Medicare Secondary Payer Act in 1980 (MSPA), the United States government has the right to claim reimbursement for Medicare expenses paid on behalf of an injured party from settlements, judgments, awards or other payments. However, this right of reimbursement was rarely, if ever, exercised because the law did not impose any duty to report payments made to a Medicare recipient. This changed radically in 2007 with the enactment of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA), which imposes onerous reporting requirements on third parties making payments to Medicare recipients, as well as significant liability for reimbursement and penalties for failure to protect Medicare’s reimbursement interest. Continue reading >