Update on Notice of Proposed Rulemaking Involving Section 111 Penalties

On January 24, 2020, the Office of Information and Regulatory Affairs completed its review of a Notice of Proposed Rulemaking (NPRM) involving Section 111 penalties. As we reported previously, the most recent Regulatory Agenda for the Department of Health and Human Services provides the description below for the NPRM. Now that the Office of Information and Regulatory Affairs has completed its review, the NPRM should be published in the Federal Register. We will continue to keep you updated and we will let you know when it is published.

Section 516 of the Medicare Access and CHIP Reauthorization Act of 2015 amended the Social Security Act (the Act) by repealing certain duplicative Medicare Secondary Payer reporting requirements. This rule would propose to remove obsolete Civil Money Penalty (CMP) regulations associated with this repeal. The rule would also propose to replace those obsolete regulations by soliciting public comment on proposed criteria and practices for which CMPs would and would not be imposed under the Act, as amended by section 203 of the Strengthening Medicare and Repaying Taxpayers Act of 2012 (SMART Act).