Time Limitation to Sue for Recovery of NGHP Debt

10.12 – Time Limitation to Sue for Recovery of NGHP Debt (Rev. 12438; Issued: 01-04-24; Effective: 02-06-24; Implementation: 02-06-24) Under the Strengthening Medicare and Repaying Taxpayers Act of 2012 (the SMART Act), the United States may not file suit under Medicare’s direct right of action (§ 1862(b)(2)(B)(iii)) with respect to payment owed unless the complaint is filed not later than three years after the date of CMS’s receipt of notice of the settlement, judgment, award, or other primary payment in accordance with § 1862(b)(8) that relates to such payment owed. This three-year limitation relates only to the filing of suit under Medicare’s direct right of action and does not apply, or in any way limit, administrative or non-judicial recovery of conditional payments pursuant to § 1862(b)(8).