Mark Popolizio

6/7/2023 - 20 min read

CMS releases Section 111 NGHP User Guide (Version 7.2, June 5, 2023) – new changes include: NGHP Unsolicited Response File, ORM reporting trigger, ORM termination, and HEW software

(CMS) has released an updated Section 111 NGHP User Guide regarding Section 111 reporting related to non-group health plans.

6/7/2023 - 8 min read

The RAMP Act is re-introduced in Congress – bill proposes revisions to the MSP’s private cause of action (“double damages”) provision

On 5/16/23, (RAMP) Act was re-introduced into the U.S. House of Representatives, bill proposes revisions to the MSP’s private cause of action provision.

5/24/2023 - 13 min read

The Highway Accident Fairness Act of 2023 (H.R. 2936) is introduced into Congress – bill prohibits staged accidents with commercial vehicles and includes TPLF disclosure provisions

In general, H.R. 2936 would amend title 49, United States Code, to “prohibit staged collisions with commercial motor vehicles, and for other purposes.”

Gavel on a white background with a small shadow.

5/23/2023 - 9 min read

The United States District Court for Massachusetts dismisses a Medicare Advantage claim for “double damages” – rules that insurer’s Section 111 reporting does not establish standing to sue

The U.S. District Court for Massachusetts dismisses Medicare Advantage claim for “double damages”—rules insurer’s Section 111 reporting doesn't establish standing to sue.

5/16/2023 - 1 min read

CMS to hold a Section 111 Non-Group Health Plan (NGHP) Unsolicited Response File Webinar on Tuesday June 6, 2023

5/16/2023 - 15 min read

CMS’s NGHP Unsolicited Response File “opt-in” process starts in July 2023 – Q&A, issues, and considerations

Earlier this year (CMS) formally announced a new non-group health plan (NGHP) Unsolicited Response File “opt-in” feature. Per CMS, this new process starts “July 2023”

5/12/2023 - 19 min read

Montana enacts the “Litigation Financing Transparency and Consumer Protection Act” – new law regulates TPLF practices and includes disclosure and discovery provisions

5/1/2023 - 10 min read

CMS’s Query Process and non-binary/unspecified gender designations – current issues and considerations

Section 111 non-group health plan (RREs) involves the inability to submit non-binary or unspecified gender designations as part of the (CMS’s)

4/26/2023 - 18 min read

The Eleventh Circuit dismisses a Medicare Advantage “double damages” lawsuit – court rules the MSP statute does not preempt insurer's claims-filing deadline or Florida’s no-fault pre-suit demand

In a recent Medicare Advantage recovery action, the United States Eleventh Circuit Court of Appeals in MSP Recovery Claims.

4/25/2023 - 3 min read

CMS releases Section 111 NGHP User Guide (Version 7.1, April 24, 2023)

The Centers for Medicare and Medicaid Services (CMS) has released an updated Section 111 NGHP User Guide (Version 7.1, April 24, 2023)

4/25/2023 - 17 min read

Second Circuit dismisses Medicare Advantage “double damages” lawsuit on standing grounds – rules the insurer’s Section 111 reporting did not establish liability

In an interesting new Medicare Advantage recovery decision, the United States Second Circuit Court of Appeals in MSP Recovery Claims.

3/29/2023 - 9 min read

Florida (and other states) take aim at regulating Third-Party Litigation Funding

With the state legislative season in full-swing, Florida, along with several other states, has introduced legislation focused on regulating (TPLF).

3/21/2023 - 25 min read

Waiting for CMS’s Section 111 penalties “final rule” – status, updates, and what’s next

Presently, the industry is waiting for CMS to release its Section 111 CMPs “final rule” to the public.

2/22/2023 - 19 min read

CMS pushes back the timeline to release its Section 111 penalties “final rule” for one-year (until February 18, 2024)

In a major Section 111 development, (CMS) has extended the timeline to release its Section 111 civil money penalties (CMP) “final rule” until February 18, 2024.

2/13/2023 - 28 min read

TPLF disclosure proposals are introduced in Kansas, Mississippi, and Montana state legislatures

Third-party litigation funding (TPLF) issues will continue to present challenges on several fronts in the new year.

Mark Popolizio, J.D.

CMS releases Section 111 NGHP User Guide (Version 7.2, June 5, 2023) – new changes include: NGHP Unsolicited Response File, ORM reporting trigger, ORM termination, and HEW software

The RAMP Act is re-introduced in Congress – bill proposes revisions to the MSP’s private cause of action (“double damages”) provision

The Highway Accident Fairness Act of 2023 (H.R. 2936) is introduced into Congress – bill prohibits staged accidents with commercial vehicles and includes TPLF disclosure provisions

The United States District Court for Massachusetts dismisses a Medicare Advantage claim for “double damages” – rules that insurer’s Section 111 reporting does not establish standing to sue

CMS to hold a Section 111 Non-Group Health Plan (NGHP) Unsolicited Response File Webinar on Tuesday June 6, 2023

CMS’s NGHP Unsolicited Response File “opt-in” process starts in July 2023 – Q&A, issues, and considerations

Montana enacts the “Litigation Financing Transparency and Consumer Protection Act” – new law regulates TPLF practices and includes disclosure and discovery provisions

CMS’s Query Process and non-binary/unspecified gender designations – current issues and considerations

The Eleventh Circuit dismisses a Medicare Advantage “double damages” lawsuit – court rules the MSP statute does not preempt insurer's claims-filing deadline or Florida’s no-fault pre-suit demand

CMS releases Section 111 NGHP User Guide (Version 7.1, April 24, 2023)

Second Circuit dismisses Medicare Advantage “double damages” lawsuit on standing grounds – rules the insurer’s Section 111 reporting did not establish liability

Florida (and other states) take aim at regulating Third-Party Litigation Funding

Waiting for CMS’s Section 111 penalties “final rule” – status, updates, and what’s next

CMS pushes back the timeline to release its Section 111 penalties “final rule” for one-year (until February 18, 2024)

TPLF disclosure proposals are introduced in Kansas, Mississippi, and Montana state legislatures