Under Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA), defendants in product liability, exposure, and other types of personal injury litigations are required to report actual and potential payment obligations they have to Medicare beneficiaries who are plaintiffs in the litigation. Such obligations must be reported to the Centers for Medicare and Medicaid Services (CMS), and reporting is usually the responsibility of defense attorneys.

Meeting these reporting requirements, however, can place a substantial burden on defense firms. MMSEA and CMS reporting rules are extensive and complex, and can be confusing even for experienced attorneys. In mass tort litigations, the defense may need to report thousands of claimants to CMS, stretching resources and taking the focus away from client service. While only a few initial data points are needed to fulfill the MMSEA reporting requirements, reporting on individual claims for thousands of claimants may become an impossible task.

LitPRO is here to relieve defense attorneys of the MMSEA reporting burden. Our team includes experts on the MMSEA regulations with extensive experience working with CMS. Direct access to the Section 111 COB Secure Website (COBSW) enables us to report prospective and actual payment obligations quickly, accurately, and efficiently. This ongoing service option ensures defense counsel meets its reporting obligations while avoiding the hefty financial penalties that CMS imposes for failing to meet them.

LitPRO mitigates the pain of complex government reporting obligations.