U.S. Reps. Mike Thompson (D-CA) and Dave Reichert (R-WA) introduced the bipartisan Medicare Secondary Payer and Workers’ Compensation Settlement Agreement Act, H.R. 2649, along with the Senate version introduced by Senators Rob Portman (R-OH) and Bill Nelson (D-FL).

The legislation is intended to protect injured workers whose compensation claims overlap with Medicare coverage. 

Unfortunately, these claims are frequently subjected to lengthy and roundabout reviews by the Centers for Medicare and Medicaid Services (CMS) to determine appropriate set-aside amounts to pay for future medical costs in which Medicare may have an interest. 

These delays unfairly affect the injured worker making the claim. 

“Bureaucratic red-tape shouldn’t keep hardworking Americans from getting the money they need to cover their costs following a work-related injury,” said Thompson. “Injured Workers deserve peace of mind and the system needs to work quickly and seamlessly. I look forward to working with Congressman Reichert to pass our legislation and help make this happen.”

“Hard-working Americans should not be jeopardized by inefficient, unnecessary  bureaucratic procedures,” said Reichert. “Instead, injured workers should have confidence that the system is working to protect them and that their claims will be reviewed and processed fairly and quickly. I thank Congressman Thompson for joining me in introducing this bill that would ensure the system serves the American worker and their family rather than the other way around.”

“Too often, workers who are injured are forced to deal with bureaucratic red tape,” Portman stated. “This commonsense bill will help those suffering from a work-related injury get the care they need and get back on their feet sooner.”

The Medicare Secondary Payer and Workers’ Compensation Settlement Agreements Act establishes clear and consistent standards for an administrative process that provides reasonable protections for injured workers and Medicare. 

It would benefit injured workers, employers and insurers by creating a system of certainty, and allows the settlement process to move forward while eliminating millions of dollars in administrative costs that harm workers, employers and insurers.

The legislation has widespread support from groups such as the American Insurance Association, the American Bar Association, the National Council of Self-Insurers, Property Casualty, Insurers Association of America, UWC-Strategic Services and the Workers Injury Law and Advocacy Group (WILG).

Thompson represents California’s Fifth Congressional District, which includes all or part of Contra Costa, Lake, Napa, Solano and Sonoma counties.