As we approach the newest start date for Section 111 MMSEA Reporting, many plaintiffs’ attorneys have been approached by defense attorneys with new forms. These new forms ask for personal information regarding the plaintiff, beneficiary, and even attorneys. Why?
Under the MMSEA, the defendants have become Responsible Reporting Entities (“RREs”). This means that they are required to query the Medicare system of the Coordination of Benefits Contractor (“COBC”) to determine if a plaintiff was or is medicare eligible. RRE penalties for noncompliance will be large. Keep in mind that Section 111 Reporting was pushed back to October 1, 2010 and January 1, 2011.
So what does the defense really need to query the Medicare systems?
- First letter of the beneficiary’s first name;
- First six letters of the beneficiary’s last name;
- The beneficiary’s gender;
- The beneficiary’s date of birth; and,
- Either the Health Insurance Claim Number (HIC# or HICN) OR the Social Security Number (SSN).
But note that the COBC and MSPRC prefer the beneficiary’s HIC# over the Social Security Number.
The other information that defendants will request is only necessary upon settlement (these are the “50 Data Points“). However, at Lien Resolution Services, we believe cooperation is paramount in avoiding settlement delays. Preparation will become even more important as January 1, 2011 approaches. Be sure to ask for lien resolution assistance before you settle.Ryan J. Weiner Co-Founder Lien Resolution Services www.lienresolutionusa.com https://lienblog.wordpress.com firstname.lastname@example.org