An Alternative Path for Conditional Payment Reimbursement: CMS Issues Interim Final Rule for SMART Act



Earlier today, the Centers for Medicare & Medicaid Services (CMS) issued an Interim Final Rule explaining an alternate path for addressing conditional payment reimbursement obligations. Published in the Federal Register here, CMS has now taken the next step towards fully operationalizing the SMART Act, signed into law by President Obama earlier this year.

The regulation (42 C.F.R. §411.39) outlines how parties may be able to utilize web portal technology to verify conditional payment reimbursement obligations under the Medicare Secondary Payer (MSP) Act. CMS, having previously created and rolled out a web portal for such purposes, intends to conform its current web portal to comply with the SMART Act (fully explained here).

The regulation pinpoints how and when certain authorized individuals may access the web portal for conditional payment reimbursement purposes. Importantly, CMS requires that users have either a Proof of Representation (for two way communication) or a Consent to Release Form (allowing one way communication to the user). Access may be limited initially while CMS works to build and implement a multifactor authentication process for security purposes.

The Garretson Resolution Group’s team of experts will update you shortly with the substance behind the new regulation. For more information, please contact Mark Maughan at (866) 694-4446 or

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