The Centers for Medicare and Medicaid Services (CMS) recently announced that the planned April 1, 2010 implementation of the Medicare Secondary Payer Mandatory Reporting (MSP) has been pushed back to January 1, 2011. This latest delay in the pending federal reporting requirement enables affected insurers the opportunity to better understand the changes and prepare for implementation, as well as understand potential statutory changes.

The delay only affects those insurers, known as non-group health plan insurers (NGHP) defined in the Medicare, Medicaid and SCHIP Extension Act of 2007 (MMSEA) as being an "applicable plan" for liability insurance (including self-insurance), no-fault insurance, and workers' compensation insurance, including the fiduciary or administrator for such law, plan, or arrangement. These are also referred to as the Section 111 requirements, which apply when the injured claimant under the liability policy is a Medicare beneficiary. Generally speaking, the implementation was delayed in response to the industry's need for additional guidance as well as an appreciation of the benefits associated with additional time to test the processing systems by both the CMS and the reporting entities. Despite the delay, CMS indicates that all NGHP Responsible Reporting Entities (RREs) should be registered with the Coordination of Benefits Contractor (COBC) and be currently involved in the testing phase or preparing to commence this phase. Beyond this delay, other activity is taking place in Washington, D.C. that relates to the overall MSP reporting requirements.

Current Activity Related to MSP Requirements