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Navigating Medicare Secondary Payer Compliance and False Claims Act Liability

Compliance Today March 2018

Gary W. Herschman and Melissa L. Jampol, Members of the Firm, and Tristan A. Potter-Strait, Associate, in the Health Care and Life Sciences practice, co-authored an article in Compliance Today, titled “Navigating Medicare Secondary Payer Compliance and False Claims Act Liability.”

Following is an excerpt (see below to download the full article in PDF format):

The Medicare Secondary Payer Act (MSP) places certain responsibilities on insurers, employer health plans, and healthcare providers. Non-compliance with the MSP can result in monetary penalties and government enforcement action. Currently, the MSP is garnering attention as an enforcement tool under the False Claims Act (FCA). This article gives a general overview of the MSP, discusses requirements for compliance, describes recent MSP enforcement actions under the False Claims Act (FCA), and gives some key takeaways to reduce potential liability.

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