The SMART Act was passed by the U.S. House of Representatives yesterday, December 19, 2012 and was attached onto H.R. 1845, a Medicare IVIG Access Bill. H.R. 1845 will now move onto the Senate where it will be reviewed.
The SMART Act was initially introduced by the Medicare Advocacy Recovery Coalition (MARC), a group which advocates for the improvement of the MSP Program for beneficiaries and affected companies. PMSI is a supporter of MARC.
The SMART Act specifically seeks to streamline the MSP process by easing burdens on CMS as well as the insurance industry. Some of the initiatives of the SMART Act include requiring CMS to provide a final conditional payment demand prior to finalizing settlement, setting a monetary threshold in which the MSP would not apply, carving out safe harbors for the MMSEA Section 111 penalties, as well as setting a statute of limitations for CMS to recover conditional payments at 3 years.
PMSI applauds the House’s actions yesterday and is very hopeful that the Senate takes action to enable the full passage of this Bill. We will continue to follow the SMART Act and remain in support of it as it progresses through the legislative process.