CMS administers Medicare and Medicaid, sets provider certification standards, conducts survey and certification for healthcare facilities, and enforces Medicare Secondary Payer obligations.

It also publishes quality data including nursing home ratings.

Alternative Names:

Centers for Medicare and Medicaid Services

Why it Matters?

CMS touches litigation in several distinct ways: conditional payment recovery and set-aside requirements in settlement, survey and certification findings in nursing home cases, and the Five-Star rating that plaintiff counsel use in facility selection. Reporting obligations under the Medicare Secondary Payer statute also reach settling defendants directly rather than only claimants.

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Frequently asked questions

How does CMS affect settlement?

How does CMS affect settlement?

Through Medicare Secondary Payer conditional payment recovery, set-aside expectations, and mandatory reporting obligations that reach settling defendants.

What role does it play in nursing home cases?

What role does it play in nursing home cases?

It administers the survey and certification process producing deficiency findings and publishes the Five-Star ratings used in facility evaluation.