SMART Act

Congress moved swiftly this week to pass a bill which, among other items, included language from the SMART Act.  The legislation will now head to President Obama.  Once signed by the President, the Act will do the following:

1. Establish a 3 year statute of limitations for Medicare to assert a claim/lien;
2. Allow parties to obtain a final conditional payment claim demand BEFORE a settlement, judgment or award;
3. Remove the requirement for social security numbers for Section 111 Reporting;
4. Provide a right of appeal for insurance companies and self-insureds for conditional payment claims/liens;
5. Make issuance of Section 111 penalties discretionary; and
6. Establish minimum thresholds for Medicare to seek recovery.

These long-awaited changes are more than welcomed!