Medicaid Third Party Liability Act
Official title: To amend title XIX of the Social Security Act to provide clarification with respect to the liability of third party payers for medical assistance paid under th… Show full official titleShow less
Official title: To amend title XIX of the Social Security Act to provide clarification with respect to the liability of third party payers for medical assistance paid under the Medicaid program, and for other purposes.
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Referred to the Subcommittee on Health.
Medicaid Third Party Liability Act
This bill alters provisions related to third-party liability for medical assistance paid under the Medicaid program. Specifically, with respect to such liability, the bill:
- expands the definition of "responsible third party" to include, among other health insurers, the TRICARE program;
- eliminates special rules with respect to certain services provided to children;
- requires the inclusion, in a contract between a state Medicaid program and a health insurer, of certain information regarding whether the state is delegating or transferring to the insurer a right of third-party recovery;
- provides for the treatment as overpayment of reimbursements made by a responsible third party to a health insurer;
- disallows a responsible third party from denying a state's claim solely on the basis of a failure to obtain a prior authorization;
- imposes a timeline for a responsible third party to respond to a state's inquiry regarding a claim for payment;
- provides for reductions to a state Medicaid program's federal matching rate if the state fails to comply with third-party insurance requirements; and
- modifies other provisions related to third-party liability under the Medicaid program.
Third-party liability requirements applicable under Medicaid shall also apply under the Children's Health Insurance Program (CHIP).
The Centers for Medicare & Medicaid Services must:
- publish on its website, and annually update, best practices for assessing third-party liability;
- monitor and analyze efforts to assess that liability;
- in consultation with states, develop and make available a model uniform reporting field for identifying information related to responsible third parties; and
- provide other specified information and guidance to states.
- Introduced in House Formatted Text PDF Formatted XML
Cite this page
U.S. Congress. (2026). H.R. 938: Medicaid Third Party Liability Act. 115th Congress. Open America. https://openamerica.io/bill/115-HR-938/
"H.R. 938: Medicaid Third Party Liability Act." 115th Congress, 2026, Open America, https://openamerica.io/bill/115-HR-938/.
H.R. 938, 115th Cong. (2026), https://openamerica.io/bill/115-HR-938/.
[H.R. 938: Medicaid Third Party Liability Act](https://openamerica.io/bill/115-HR-938/)