I have been working with the at fault's insurance regarding her injuries in an accident. They told me we had to fill out Medicare paperwork so they can report it under section 111. Both of us are under 30 and cannot pull Medicare benefits. Do we have to fill out the paperwork?
We do not complete that paperwork for our clients.
Several years ago, Congress passed the Shipp Act that -- in simple terms -- clarifed that Medicare was secondary to auto liability insurance interms of paying for accident related injuries. Thus, if you have Medicare, a person settling a claim has to account for furtue medical costs that might be paid by Medicare.
In any event, CMS -- The Center for Medicare and Medicaid Service -- which administers these issues has never promulagted rules to enforce the Shipp Act. In fact, CMS has delayed issuing rules. This means that the Medicare futiure medical rules are not in effect.
However, if Medicare has paid prior related bills, Medicare is entitled to get that money back. Thus, the paperwork serves 2 purposes.
The easy answer is to complete and return the paperwork to the insurance company so that they can write CMS and get confirmation that no bills have been paid by Medicare. I know this sound stupid under the circumstances, but the alternative -- you dealing directly with CMS to get a letter showing no prior paments -- is far worse.
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