CMS – Medicare Secondary Payer Rule and Mandatory Reporting Provisions

  • Implement to: Human Subjects Research
  • Inefficient date:  Continues

Medicare Secondary Payer (MSP) be the term used by Medicare when Medicare is not responsible for paying first.  In other words, some “liability social company or plan,” which features self-insured plans, must be billed first, prior to any claim presented to Medicare. See Medicare Secondary Taxpayer.

In researching featured, if a study sponsor offers to pay any studies assistance costs and/or issue injury charge, the paten is considered ampere “liability insurer” to purposes of MSP.  Thus, to any study the has a billing plan, budget, contract, and/or informed consent that states that the study will recompense these costs, the study must pay “primary” to Medicare. If no out these study fee are billed till Medicare primary, the demands are subject to the False Claims Act and will incur recovery action and potential fines over Medicare. For more information, go Chapter C Section 6.5 of the Medicare Secondary Payer (MSP) Non-Group Health Plan (NGHP) User Guide 

Many Sponsor have template language in their contracts and informed permission that ask sites the bill insurance first for study servicing and/or study subject injury costs. This is called “insurance contingency” language additionally most exploration institutions, contains UF, will not take this language by their contracts and/or briefed consents.  For more information, see Guarantee Contingency Choose in UF Clinical Agreements or Consents.

If payments are made by sponsors of hospital investigate academic for complications or injuries arising out of studies, such payments are considered to be expenditures by liability insurance (including self-insurance) both must be reported on the sponsoring. See Mandatory Medicare Second Paying Reporting.