Proposed Section 111 Penalties Rule Still Pending


Earlier this year CMS issued a Proposed Rule regarding the imposition of civil money penalties for non-compliance with Section 111 reporting obligations. That rule may be found by clicking HERE. Interested parties were given the opportunity to submit comments regarding the Proposed Rule. As Carr Allison discussed in a prior blog post, numerous comments were submitted and are available for review HERE.


A majority of the comments that were submitted, including Carr Allison’s response, expressed significant concerns. We are extremely concerned that the Proposed Rule would allow for tremendous penalties to be imposed on Responsible Reporting Entities that are disproportionate to the noncompliance at issue. We also believe that the penalties suggested would be excessively burdensome. Our response may be found HERE.


We continue to await news from CMS. As soon as a revised Proposed Rule is issued or further action is taken by CMS in this regard, we will let you know. In the interim, if you have any questions or comments or need assistance with any Medicare Secondary Payer issue, please let us know. We are always happy to help.

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