This week, CMS announced a 1-year extension on the publication of final regulations civil monetary penalties for failures to satisfy Medicare Secondary Payer’s reporting requirements, in particular how and when those penalties would be assessed.
While the responsible reporting entity (typically insurers or third-party administrators) handles the filing, plan sponsors typically need to provide information about their participant population, and the most common errors reported by CMS include inaccurate employer TIN information (Top 10 Section 111 Group Health Plan Errors July 1st – Dec 31st 2022).
Before the penalties go into effect, plan sponsors should work with their insurer or third-party administrator and ERISA counsel to ensure that all information has been provided and that reporting is being handled properly.