MARC Champions Enactment of Medicaid TPL Provision in Bipartisan Budget Agreement


Contact:  Andrew Rosenberg (, (202) 247-6301

The Medicare Advocacy Recovery Coalition (MARC), a national coalition of stakeholders advocating for the improvement of the Medicare and Medicaid Secondary Payer (MSP) programs, applauded the Congress for enacting Section 53102 of the Bipartisan Budget Act of 2018 to repeal Medicaid third party liability (TPL) policies that have the effect of eliminating the incentive for beneficiaries to pursue and settle third-party insurance claims. MARC has consistently advocated for these reforms, which would support Medicaid beneficiaries and the Medicaid program at-large by removing barriers to beneficiaries reaching a settlement when another party is liable for their health care expenses — such as a car accident or a workers’ compensation claim. 

Recently, the House passed legislation to delay the Section 202(b) of the Bipartisan Budget Act of 2013, and the Senate included the provision in proposed legislation. Owing to its deleterious effect on beneficiaries, Congress has, in fact, delayed the implementation of the provision several times from 2014 to 2017. However, time had run out on the latest extension.  The MARC Coalition welcomes the inclusion in the new law of this bi-partisan, bicameral solution permanently repealing the mistaken policy.

MARC Chairman Greg McKenna applauded the efforts of key members in the Senate and House on their hard work on this issue. “On behalf of the MARC Coalition, we thank Congress for correcting this important policy, and restoring the ability of millions of Medicaid beneficiaries to settle claims with third parties.   Indeed, the legislation will enhance everyone’s ability to settle, which in turn will allow Medicaid programs across the country to recover more in Third Party Liability collections.  Once again, this legislation will produce the win-win-win — for Medicaid, for beneficiaries, and for industry — that MARC is all about.” 

Additionally, McKenna offered appreciation to House and Senate leaders on the issue, stating, “Finance Committee Chairman Orrin Hatch and Senator Rob Portman, along House Energy and Commerce Health Subcommittee Chairman Michael Burgess have been leaders streamlining this important Medicaid provision, and we are grateful for their commitment to Medicaid beneficiaries across the country.”

Additional background on this issue is available here

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