The MMSEA was passed in 2007 and imposes new reporting requirements and lien obligations on primary payers to help identify their responsibilities and ensure Medicare recovery of expenditures, helping save the Medicare program. Primary payers are required to reimburse Medicare if the beneficiary does not, even if they already paid their obligation, if they knew or should have known Medicare made a conditional primary payment. The U.S. can sue primary payers and anyone who receives payments from them, including attorneys.

1. The MMSEA Conundrum
A Key to the Puzzle

2. The MMSEA was passed into law in 2007.
It imposes new reporting requirements.
It imposes new lien obligations on primary payers.
Medicare Medicaid
and SCHIP
Extension Act

3. The MMSEA was enacted to help save the
Medicare program.
Its new reporting requirements help identify
primary payer responsibilities.
Its new lien obligations on primary payers help
ensure recovery of expenditures.
MMSEA
Background

4. The Primary Payer is required to reimburse Medicare if the beneficiary does not, even
though it has already paid its obligation, when it “is, or should be, aware that Medicare
has made a conditional primary payment.”
The U.S. can sue the Primary Payer and any entity or individual who receives payments
from the primary payer, including attorneys.
Primary Payer
on the Hook

5. For more information, please contact:
Sharon Collier
T: 925.930.6600 | E: scollier@archernorris.com
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