7295581, 69H-2.008 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 7295581

Notice of Development of Rulemaking

Department:

DEPARTMENT OF FINANCIAL SERVICES

Division:

Division of Risk Management

Chapter:

STATE RISK MANAGEMENT TRUST FUND, STATE CASUALTY CLAIMS

Overview

RULE:

69H-2.008

Other Forms Adopted

PURPOSE:

The proposed rule is necessary in order to comply with federal mandates that will become effective on July 1, 2009. Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Section 1862(b) of the Social Security Act (42 U.S.C. 1395(y)(b)) adds mandatory reporting requirements with respect to Medicare beneficiaries who receive settlements, judgments, awards, or other payments from liability insurance (including self-insurance), no-fault insurance, or workers’ compensation. The Division of Risk Management, as a required reporting entity, must identify any Medicare beneficiaries that have existing claims with the Division of Risk Management and collect certain data that will be reported to the Center for Medicare and Medicaid Services (CMS). The data collected under federal law will be used by CMS in processing claims billed to Medicare for reimbursement of items and services furnished to Medicare beneficiaries and for Medicare as a Secondary Payer recovery effort, as appropriate.
The simplest and most effective means to collect this data is to promulgate a form that will be sent to all applicable claimants.

SUBJECT:

Forms for requesting information from workers’ compensation claimants and liability claimants pursuant to the enactment of federal law and the promulgation of federal standards.

RULEMAKING AUTHORITY:

284.17, 284.39 FS.

LAW:

284.30, 284.40, 284.41 FS.

PRINT PUBLISH DATE:

6/26/2009 Vol. 35/25

RELATED STATUTES
AND LAWS:

284.17, 284.39 FS., 284.30, 284.40, 284.41 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=69H-2.008&PDate=6/26/2009&Section=1

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.