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HEHS-95-101R 1 (1995-03-06)

handle is hein.gao/gaobacktt0001 and id is 1 raw text is: 



             United States
GAO          General Accounting Office
             Washington, D.C. 20548

             Health, Education and Human Services Division

             B-260636


             March 6, 1995

             The Honorable William M. Thomas
             Chairman, Subcommittee on Health
             Committee on Ways and Means
             House of Representatives

             Dear Mr. Chairman:

             On February 23, in testimony before your Subcommittee, we
             called attention to certain actions needed to realize
             savings under the Medicare Secondary Payer (MSP) program.'
             A specific problem that we identified dealt with a recent
             court ruling that invalidated Medicare procedures for
             recovering costs from insurers that are responsible for
             paying claims before Medicare. We agreed to provide
             suggested legislative language to resolve the problem. The
             enclosure to this letter contains the suggested language
             together with a technical explanation.

             In effect, the suggested language is designed to provide a
             clearer statutory basis for existing Medicare regulations.
             These regulations are critical to the effective recovery of
             Medicare funds, but were recently invalidated by the
             courts.

             While time did not permit us to submit the proposed
             language for formal review by the Department of Health and
             Human Services (HHS), we did discuss the proposed language
             with HHS legal staff, and the court ruling and its impact
             on the MSP program with Health Care Financing
             Administration program officials. They agreed that a
             legislative remedy is necessary and expressed their support
             of our efforts to assist your Subcommittee. We understand
             from them that HHS is preparing a legislative proposal to
             address this issue, possibly in conjunction with other
             Medicare issues.





             'Medicare Secondary Payer Program: Actions Needed to
             Realize Savings (GAO/T-HEHS-95-92).


GAO/HEHS-95-101R Medicare Secondary Payer Program

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