0938-AT86 202104 Unified Agenda of Federal Regulatory and Deregulatory Actions 0938 Centers for Medicare & Medicaid Services CMS 0900 Department of Health and Human Services HHS Medicare Secondary Payer and Certain Civil Money Penalties (CMS-6061)

This final rule specifies how and when CMS must calculate and impose civil money penalties (CMPs) when group health plan (GHP) and non group health plan (NGHP) responsible reporting entities (RREs) fail to meet their Medicare Secondary Payer (MSP) reporting obligations in any one or more of the following ways: when RREs fail to register and report as required by MSP reporting requirements; when RREs report as required, but report in a manner that exceeds error tolerances established by the Secretary of the Department of Health and Human Services (the Secretary); when RREs contradict the information the RREs have reported when CMS attempts to recover its payments from these RREs. This rule also establishes CMP amounts and circumstances under which CMPs would and would not be imposed.

]]> Other Significant Previously Published in The Unified Agenda Long-Term Actions No No 42 CFR 402 45 CFR 102 42 U.S.C. 1395y(b)(8) Statutory Final 02/18/2023 MMA sec. 902 requires Medicare final rules publish within 3 years of a proposed or interim final rule. Per the CMS notice published December 30, 2004 (69 FR 78442), except for certain Medicare payment regulations and certain other statutorily-mandated regulations, we schedule all Medicare final regulations for publication within the 3-year standardized time limit in the current Unified Agenda. We do not intend to delay publishing a Medicare final regulation for 3 years if we are able to publish it sooner. No NPRM 02/18/2020 85 FR 8793 NPRM Comment Period End 04/20/2020 Final Action 02/00/2023 No None No No No 0938-AR88 Related to Jacqueline Cipa Health Insurance Specialist 0938 Centers for Medicare & Medicaid Services CMS 410 786-3529 jacqueline.cipa@cms.hhs.gov Office of Financial Management, MS: C3-14-16, 7500 Security Boulevard, Baltimore MD 21244