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HR 938 115th Congress House

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.

Introduced: February 14, 2017 See on congress.gov
Health Child healthCivil actions and liabilityGovernment information and archivesHealth care costs and insurance
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This bill died when the 115th Congress ended
It never became law before the 115th Congress (2017–2018) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 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
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 Latest action February 10, 2017

Referred to the Subcommittee on Health.

 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.
 Related & companion bills 2
 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 2
Cite this page click to expand
APA
U.S. Congress. (2026). H.R. 938: Medicaid Third Party Liability Act. 115th Congress. Open America. https://openamerica.io/bill/115-HR-938/
MLA
"H.R. 938: Medicaid Third Party Liability Act." 115th Congress, 2026, Open America, https://openamerica.io/bill/115-HR-938/.
Bluebook (legal)
H.R. 938, 115th Cong. (2026), https://openamerica.io/bill/115-HR-938/.
Markdown link
[H.R. 938: Medicaid Third Party Liability Act](https://openamerica.io/bill/115-HR-938/)
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