Author: United States. General Accounting OfficePublisher:
ISBN:
Category : Disability insurance
Languages : en
Pages : 16
Book Description
The Congress Should Consider Amending the Medicare Secondary Payer Provisions to Include Disability Beneficiaries
Author: United States. General Accounting OfficePublisher:
ISBN:
Category : Disability insurance
Languages : en
Pages : 16
Book Description
The Congress Should Consider Amending the Medicare Secondary Payer Provisions to Include Disability Beneficiaries
Author: United States Accounting Office (GAO)Publisher: Createspace Independent Publishing Platform
ISBN: 9781721601660
Category :
Languages : en
Pages : 28
Book Description
The Congress Should Consider Amending the Medicare Secondary Payer Provisions To Include Disability Beneficiaries
The Congress Should Consider Amending the Medicare Secondary Payer Provisions to Include Disability Beneficiaries
Author: GENERAL ACCOUNTING OFFICE WASHINGTON DC HUMAN RESOURCES DIV.Publisher:
ISBN:
Category :
Languages : en
Pages : 12
Book Description
The Congress has amended the Social Security Act three times to make Medicare the secondary payer to employer-sponsored group health insurance. As a result, when Medicare beneficiaries between the ages of 65 and 70 and those with end stage renal disease are covered by group health insurance, this insurance pays for medical services to the extent of its benefits and Medicare pays the remainder. In addition, the Congress is considering extending the working aged provision to beneficiaries 70 and older. Disabled Medicare beneficiaries represent the last major group for whom Medicare is the primary payer when they are also covered by employer-sponsored group health insurance. GAO estimates that 9 percent of disabled Medicare beneficiaries under age 65 are covered by their spouses' employer-sponsored group health insurance. GAO believes that the Congress should consider extending Medicare's secondary payer status to disabled beneficiaries. Doing so could reduce Medicare payments by up to $491 million in fiscal year 1986 and by up to $2.9 billion during fiscal years 1986-90.
Medicare
Author: United States. General Accounting OfficePublisher:
ISBN:
Category : Government employees' health insurance
Languages : en
Pages : 12
Book Description
The Congress Should Consider Amending the Medicare Secondary Payer Provisions to Include Disability Beneficiaries
Author: United States. General Accounting OfficePublisher:
ISBN:
Category : Disability insurance
Languages : en
Pages : 16
Book Description
Recovery and Preemption
Author: George HorvathPublisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
Congress often uses its power to preempt state laws when a uniform nationwide regulatory environment is desirable. Unfortunately, preemption may have unintended, far-reaching effects. When Congress enacted the Medical Device Amendments of 1976 (“MDA”), it included an express preemption clause to ensure that only the Food and Drug Administration (“FDA”) could establish ex ante, premarket requirements for medical devices, thus allowing the Agency to establish a uniform regulatory floor. Just four years later, Congress enacted the Medicare Secondary Payer Act (“MSP”), part of a series of amendments to the Medicare program designed to improve the program's finances. The MSP included provisions that allow the United States to recover payments Medicare had made on behalf of its beneficiaries, by standing in the place of those beneficiaries in state tort actions against tortfeasors. These provisions gave Medicare broad authority to seek recovery from the manufacturers of defective medical devices when the program had paid for the devices. However, in many cases the express preemption clause of the MDA and the Supreme Court's overly broad implied preemption jurisprudence preempt Medicare beneficiaries' state law claims. Since Medicare's ability to recover under the MSP is based on its beneficiaries' rights, the MDA may also prevent Medicare from recovering under the MSP. This collision between two statutes drafted within four years of one another illustrates the unintended effects that a broad preemption doctrine may have. This Comment argues that both Congress and the Supreme Court need to review and narrow the reach of preemption under the MDA -- without completely abandoning preemption -- so that both the MDA and the MSP may serve the purposes Congress intended.
GAO Documents
Author: United States. General Accounting OfficePublisher:
ISBN:
Category :
Languages : en
Pages : 216
Book Description
Catalog of reports, decisions and opinions, testimonies and speeches.
Publications List
Author: United States. General Accounting OfficePublisher:
ISBN:
Category : Finance, Public
Languages : en
Pages : 668
Book Description
Medicare and Medicaid Guide
Author: Publications issued
Author: United States. General Accounting Office. Office of Public InformationPublisher:
ISBN:
Category :
Languages : en
Pages : 88
Book Description