– May 13, 2020 by Bridget Smith
CMS received over 80 public comments in response to the Medicare Secondary Payer and Certain Civil Monetary Penalties Proposed Rule that was issued in February of this year.  Although the comments differed in some respects, there were clearly some overarching themes and issues that CMS should address.  Comments included arguments regarding the excessive nature of the proposed Civil Monetary Penalties (CMPs) and the lack of a sliding scale for penalties; constitutional arguments on the arbitrary and capricious nature of the rule and calls to withdraw the rule in full or in part; the negative impact the proposed rule would have on making changes to Section 111 data and the how the Proposed Rule is at odds with the intent and purpose of Section 111 Reporting;  calls to limit the statute of limitations period as outlined by CMS; defects and lack of oversight governing the implementation of CPMs, the appeals process and notice requirements; and the general need for further clarification and less ambiguity in sections of the Proposed Rule itself.

A link to the comments can be found here: https://www.regulations.gov/docketBrowser?rpp=25&so=DESC&sb=postedDate&po=0&D=CMS-2013-0266.  We will continue to monitor when and how CMS responds to these comments and whether a final rule is issued.