Implementation of the SMART Act Web Portal no later than January 1, 2016 and No Public Comments?

CMS, Medicare Set-Aside Blog, MSP News on September 20, 2013
Posted by Louis Jordan

Wow, there’s a SMART Act victory for you – use of the web portal to pull final determinations will potentially take over 2 years to implement. Proposed rules for use of the web portal to pull final determinations were release by the government today and actually, they might as well be final rules as there will be no public comment period as those were determined to be “impracticable, unnecessary, or contrary to the public interest…” The new regulations will be found at 42 CFR 411.39 and are in fact pretty straight forward. The one section that caught my interest was the very last:


(d) Obligations with respect to future medical items and services. Final

conditional payment amounts obtained via the Web portal represent Medicare covered

and otherwise reimbursable items and services that are related to the beneficiary’s

settlement, judgment, award, or other payment furnished before the time and date

stamped on the final conditional payment summary form.


Now you definitely want to be careful what you pay for as you will be owning those treatments for life…