In a Congressional session hamstrung by inertia, AAJ Public Affairs has increased the traction, interest, and co-sponsors of the SMART Act, which proposes a three-year statute of limitations on the Centers for Medicare & Medicaid Services so that the agency cannot ask for additional money from clients or their attorneys after the statute expires.
We are now one step closer in the U.S. House to a full floor vote to bring certainty and finality to the MSP reimbursement process.
In the past two weeks alone, the SMART Act has seen more action than it has in nearly a year with the House Energy and Commerce Subcommittee on Health marking-up the bill and the full House Energy and Commerce Subcommittee voting the bill out of committee.
The House Energy & Commerce Committee voted on the SMART Act [H.R. 1063] September 20th and amended the language of the original bill — improving it over the version that was voted on in the subcommittee. The Congressional Budget Office anticipates the bill as drafted will either be cost neutral or a slight revenue raiser. As you know, the current political climate in Congress makes it nearly impossible to move bills that are not cost neutral.
In particular, AAJ Public Affairs has fought hard to prevent lawyers and clients from being harassed by CMS. We know that CMS has come back to many of you and your clients—in some cases after 10 years or more—to ask for additional money. HR 1063 — the Strengthening Medicare and Repaying Taxpayers Act of 2011, or SMART Act, is designed to bring finality and certainty to your clients.
In addition, the SMART Act will simplify the current online portal process for calculating MSP reimbursement. An improved online portal will help you receive a reliable final reimbursement number that you can take to settlement.
Voting on this bill in committee was one of the last pieces of business House members attended to before adjourning until after Election Day, and it could very well be among the first pieces of legislation to move after they return. We will continue to keep you updated.
