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PAID Act - Current Status and FAQs

03/12/21 Mark Popolizio, Kate Riordan, Jeremy Farquhar A major Medicare secondary payer (MSP) watch-list item for 2021 continues to be how and when CMS will implement the Provide Accurate Information Directly (PAID) Act. Signed into law on December 11, 2020, the PAID Act will make changes to CMS s Section 111 Query Process. In general, under the PAID Act, CMS will be required to provide RREs with information regarding a claimant s Medicare Part C (Medicare Advantage) and Medicare Part D (prescription drug) enrollment status through the Section 111 Query Process. At this time, the industry is waiting for CMS to release its PAID Act implementation plan, which will require yet to be released technical updates to its Section 111 Query Process. Thus, until CMS provides more information, RREs remain in a holding pattern regarding what technical updates may be necessary.

The PAID Act is now law

12/16/20 Mark Popolizio, Kate Riordan In a major development on the Medicare Secondary Payer (MSP) compliance front, on December 11th, President Trump signed into law the Provide Accurate Information Directly (PAID) Act as part of H.R 8900 which is a bill that, in part, extends the government s fiscal deadlines to avoid a government shutdown. The PAID Act s provisions are included as part of H.R. 8900 in Title III, Section 1301 entitled “Transparency of Medicare Secondary Payer Reporting Information.” Before the president signed H.R. 8900 into law, the PAID Act initially passed the House on December 8th as a stand-alone bill (H.R. 1375) and as a provision within the BENES Act (H.R. 2477). It subsequently also passed the House on December 9th as part of the government extension bill, H.R. 8900. It ultimately passed in the Senate on December 11th as part of the financial extension provisions contained in H.R. 8900.

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