Synergy Blog



By: Dave Place, J.D., Vice President, Director of Lien Resolution Services, Synergy Settlement Services

On February 27, 2015 the Centers for Medicare & Medicaid Services (CMS) issued a final rule implementing provisions of the Strengthening Medicare and Repaying Taxpayers Act (SMART Act), establishing a right of appeal and formal Medicare Secondary Payer (MSP) appeals process for applicable plans for situations where the Secretary seeks to recover payments from applicable plans. Applicable plans include liability insurance (including self-insurance), no-fault insurance, and workers’ compensation laws or plans. The SMART Act further requires that the Medicare beneficiary who received the items and/or services in question be notified of the applicable plan’s intent to appeal.

Unlike Medicare beneficiaries prior to this regulation, recovery demands issued to the applicable plan as the identified debtor had no formal administrative appeal rights or judicial review. The agency’s recovery contractor addressed any dispute raised by the applicable plan but there was no multi-level formal appeal process for applicable plans. Now applicable plans will have the same appeal rights as beneficiaries, including a formal administrative appeal and judicial review rights. The Final Rule will be effective Tuesday, April 28, 2015.

To learn more, please contact us at 877-242-0022 or visit


"I have used Synergy to resolve tough Medicare lien and set aside issues. There is no other practice that comes close to the quality of their work. I highly recommend them and they are a must for the substantial, tough cases."

Mark R. Hanson
LaBovick Law Group

"Whenever I have turned to Synergy, their team has always been there for our firm and our clients. They always take the time to answer all our clients’ questions and provide quick, accurate and reliable information so they can make an informed decision regarding structured settlements. With Synergy on our side, we know that our clients are getting the best service and the best structured settlements."

Troy Rafferty
Levin, Papantonio, Thomas, Mitchell, Echsner & Proctor

WordPress Image Lightbox