MMSEA Section 111 Mandatory Insurer Reporting

Compliance with the Medicare Secondary Payer (MSP) Act and the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA) is critical to successful mass tort claims administration. Under these federal statutes, Responsible Reporting Entities (RRE) are required to determine the Medicare enrollment status for claimants who receive a settlement, judgment, award, or other payment from liability insurance (including self-insurance), no-fault insurance, or workers’ compensation insurance.

The Non-Group Health Plan (NGHP), also known as the RRE, must report claim information to Medicare, if the claimant is Medicare enrolled. Failing to provide this information can lead to severe monetary penalties for the insurer or self-insured who does not follow these federal laws and guidance. Epiq serves as the MMSEA Mandatory Insurer Reporting Agent for companies of all sizes. Our proprietary web-based reporting solution allows clients to securely report claims as required under the MMSEA, which will ensure compliance and avoid penalties.  

In 2024, where both parties to a mass tort settlement have a responsibility under federal law to ensure Medicare reports are sent, and repayments made, collaboration is key. Having a claims administrator who can navigate all the parties through Section 111 and the MSP is a must to ensure the walking away rights are contemplated for all.