Skip to main content
HR 938 115th Congress House Health Child health Civil actions and liability Government information and archives Health care costs and insurance Health information and medical records Intergovernmental relations Medicaid Medical tests and diagnostic methods Separation, divorce, custody, support State and local finance State and local government operations

Medicaid Third Party Liability Act

Introduced: February 7, 2017 See on congress.gov
 Everywhere this bill has been 3 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Feb 10, 2017
Referred to the Subcommittee on Health.
Feb 7, 2017
Referred to the House Committee on Energy and Commerce.
Feb 7, 2017
Introduced in House
 Plain-English summary Congressional Research Service

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.
What's happening now February 10, 2017

Referred to the Subcommittee on Health.

 Committees of jurisdiction 2