Section 111 Civil Monetary Penalty Rulemaking Update

Last Updated: 28 Sep 2023

Author: Ciara Koba, Esq.

On Friday, September 22nd, the White House Office of Management and Budget published a notice (see image below) indicating the review of the Medicare Secondary Payer (MSP) Section 111 Reporting Civil Monetary Penalty Final Rule has been completed. As such, it is likely that the final rule will be published in the Federal Register very soon. 

The MSP industry has been waiting for years to have more concrete regulatory guidance on what constitutes a failure to comply with the Section 111 Reporting rules such that a civil monetary penalty would be assessed.  According to the updated notice, the final rulemaking was concluded on September 11, 2023.  Further, it was also noted that the rule has been deemed to be not economically significant.  

Given the current political climate, it is likely that we may see a delay in the promulgation of this final rule if the government does in fact shut down.  That being said, we expect that the final rule will be published in the next few days/weeks.  

If you have any questions about the civil monetary penalties or Section 111 reporting compliance in general, please reach out to


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