Document Type
Article
Publication Date
7-9-2015
Abstract
The Medicare Secondary Payer Act of 1980 and its subsequent amendments require that insurers and self-insured companies report settlements, awards, and judgments that involve a Medicare beneficiary to the Centers for Medicare and Medicaid Services. The parties then may be required to compensate CMS for its conditional payments. In a simple settlement model, this makes settlement less likely. Also, the reporting delays and uncertainty regarding the size of these conditional payments are likely to further frustrate the settlement process. We provide results, using data from a large insurer, showing that, on average, implementation of the MSP reporting amendments led to a delay in the resolution of disputes involving auto accidents of about six months.
Keywords
Medicare, Torts, Litigation, Settlement, Insurance
Repository Citation
Helland, Eric and Klick, Jonathan, "Medicare Secondary Payer and Settlement Delay" (2015). All Faculty Scholarship. 1569.
https://scholarship.law.upenn.edu/faculty_scholarship/1569
Included in
Health and Medical Administration Commons, Health Economics Commons, Insurance Commons, Insurance Law Commons, Litigation Commons, Other Medicine and Health Sciences Commons, Social Welfare Law Commons, Torts Commons