Medicare Program; Third Party Liability Insurance Regulations
medicare · Centers for Medicare and Medicaid Services · Rule · Published 2003-07-25 · 68 FR 43940
Document
Document number
03-18509
Federal Register citation
68 FR 43940
CFR reference
42 CFR 411
Type
Rule
Action
Final rule with comment period.
Category
medicare
Sub-agency
Centers for Medicare and Medicaid Services
Publication date
2003-07-25
HHS docket
CMS-1475-FC
Abstract
This final rule with comment period removes Sec. 411.54(c)(2) and a portion of Sec. 489.20(g) from our regulations. These regulations were held by a court to be inconsistent with the Medicare Secondary Payer provisions that are found in section 1862(b)(2)(a) of the Social Security Act. Specifically, the court held that Sec. 411.54(c)(2) and a portion of Sec. 489.20(g) are unenforceable to the extent that these regulations require providers and suppliers to only bill Medicare and prohibits them from billing a liability insurer or asserting or maintaining a lien against a beneficiary's liability insurance settlement during the "promptly" period.