The new provision has the potential to be onerous for medical liability insurers, and could complicate claims involving Medicare beneficiaries. Because the legislation was rushed to a vote so quickly, however, it is not clear if Members of Congress fully understood the possible effect of the reporting requirement, and may have instead only focused on its potential cost-savings for Medicare.
The PIAA believes the ramifications of the new reporting requirements need to be better understood by Congress before federal rules are promulgated. As such, the PIAA will be reaching out to Members of Congress to seek adjustments/clarifications in the recently passed language. Another Medicare reimbursement bill must be completed within six months, and this may provide an opportunity for corrections to be made as part of that legislation. In addition, the PIAA will be actively involved in the federal rulemaking process to limit any negative ramifications should legislative changes not be enacted.
