Personal Injury Settlement of $750 or Less Avoids CMS Liens

    “The Strengthening Medicare and Repaying Taxpayers Act of 2012 (the SMART Act) requires CMS to set an annual threshold for recovery of conditional payments each year. The $750 threshold from 2019 will remain the same for 2020. 

    This means settlements of $750 or less do not need to be reported and any conditional payments made by CMS do not need to be repaid.

    The same should apply to Medicare Advantage Organizations (MAOs) asserting liens under the Secondary Payer Act.  No such threshold exists concerning recovery claims of MAOs based on state law – so pin them down as to the legal basis for any recovery demand.”