CMS has issued a long-awaited guidance and clarification on the MSP recovery and MMSEA reporting of settlements, judgments, and awards in cases involving exposures (environmental hazards/toxic substances), ingestion, and implantation of medical devices. Specifically, this Guidance addresses the practices of Amending Complaints and the issuance of Court Orders that seek to clarify dates of exposure (pre- or post-12/05/1980).

This Guidance clarifies that Medicare will pursue an MSP recovery claim, and will require MMSEA reporting in certain situations. To read the Client Alert, click here.

This Client Alert has been prepared by Tucker Ellis LLP for the use of our clients. Although prepared by professionals, it should not be used as a substitute for legal counseling in specific situations. Readers should not act upon the information contained herein without professional guidance.