CMS Invites Comment on Proposed Reporting Guidelines

Aug. 1, 2008 -- Today, the Centers for Medicare & Medicaid Services (hereinafter “CMS”) published in the Federal Register, Volume 73, N0.149, page 45013-45014, a summary of proposed collections for public comment pertaining to the Medicare, Medicaid and SCHIP Extension Act of 2007 mandatory reporting requirements by group health plans and liability insurance (including self-insurance), no-fault insurance, and workers’ compensations laws or plans.

The Secretary of the Department of Health and Human Services (hereinafter “Secretary”) pursuant to Section 111 of the Medicare, Medicaid and SCHIP Act of 2007 (hereinafter “MMSEA”) established an intent to solicit public comments regarding the implementation of the mandatory insurer reporting requirements of the MMSEA. The Secretary has elected to implement the reporting requirements and guidelines by publishing them via a website. The website is as follows:

http://www.cms.hhs.gov/MandatoryInsRep/

CMS will use this website to publish preliminary guidelines and to issue the final reporting instructions. In addition, the website gives interested parties the ability to provide public comments and recommendations on the preliminary guidelines, once those guidelines are released.

The Secretary specifically sets forth in the Federal Register that interested parties are invited to send comments on any aspect of the reporting requirement process or guidelines, including the following:
1) The necessity and utility of the proposed information collection for the proper performance of the agency’s functions;
2) the accuracy of the estimated burden;
3) ways to enhance the quality, utility, and clarity of the information to be collected; and
4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

We anticipate that the guidelines will be released on the above website soon, as the comments and recommendations must be submitted by September 30, 2008. Comments and recommendations can be submitted either electronically or by regular mail as specifically set forth on page 45014 of the attached Federal Register. Should you choose to comment on the preliminary guidelines once they are published, Burns White will be more than happy to assist you or to provide guidance. Should you have any questions regarding the above or attached Federal Register Release pertaining to Section 111 of the MMSEA, please do not hesitate to contact us with questions.


Burns White Medicare Department
412-995-3000 or www.bwhllc.com/law/medicare/contact.php