(c) 2010-2024 Jon L Gelman, All Rights Reserved.

Sunday, November 19, 2023

CMS Publishes the Final Rule for MSP Civil Penalties

The Centers for Medicare and Medicaid Services [CMS] has published a final rule specifying how and when CMS must calculate and impose civil money penalties [CMPs] when non-group health plan [NGHP] responsible reporting entities [RRE] fail to meet their Medicare secondary payer [MSP] reporting obligations. NGHP includes workers’ compensation claims. The final rule also establishes CMP amounts and the circumstances under which CMPs will
not or will not be imposed. The effective date of this final rule is December 11, 2023.

The rule sets forth the calculation of the daily penalty, the safe harbor from the penalties and the randomized order process envisioned by CMS for verification eligibility for the safe Harbor exemptions. The appeals process is also outlined in the Rule.

§ 102.3 Civil Monetary Penalty Authorities Administered by HHS Agencies and Penalty Amounts

Medicare Program; Medicare Secondary Payer and Certain Civil Money Penalties, 88 Federal Register 195, p. 70363, Published October 11, 2023.


Jon L. Gelman of Wayne, NJ, is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise Modern Workers’ Compensation Law (West-Thomson-Reuters). For over five decades, the Law Offices of Jon L Gelman  1.973.696.7900  has been representing injured workers and their families who have suffered occupational accidents and illnesses.

Blog: Workers ' Compensation

LinkedIn: JonGelman

LinkedIn Group: Injured Workers Law & Advocacy Group

Author: "Workers' Compensation Law" West-Thomson-Reuters

Recommended Citation: Gelman, Jon L.,  CMS Publishes the Final Rule for MSP Civil Penalties, (11/19/2023),

© 2023 Jon L Gelman. All rights reserved.

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