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H.R. 938 · 115th Congress

Medicaid Third Party Liability Act

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Never voted on. It didn't reach a floor vote before the 115th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.

2 cosponsors · 2 R

1 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.

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:

What it does: CRS summary · Introduced in House · Feb 7, 2017

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.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov

About this bill and sources

Official title: Medicaid Third Party Liability Act

Latest action (Feb 10, 2017): Referred to the Subcommittee on Health.

Policy area: Health · Origin: House · Introduced: Feb 7, 2017

Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)

No recorded floor vote found.