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Congressional Research Service
Version 00 · Introduced in Senate · Oct 26, 2017
Medicaid Third Party Liability Act
This bill alters provisions related to third-party liability for medical assistance paid under the Medicaid program. Specifically, with respect to such liability, the bill:
expands the definition of "responsible third party" to include, among other health insurers, the TRICARE program;
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eliminates special rules with respect to certain services provided to children;
requires the inclusion, in a contract between a state Medicaid program and a health insurer, of certain information regarding whether the state is delegating or transferring to the insurer a right of third-party recovery;
provides for the treatment as overpayment of reimbursements made by a responsible third party to a health insurer;
disallows a responsible third party from denying a state's claim solely on the basis of a failure to obtain a prior authorization;
imposes a timeline for a responsible third party to respond to a state's inquiry regarding a claim for payment;
provides for reductions to a state Medicaid program's federal matching rate if the state fails to comply with third-party insurance requirements; and
modifies other provisions related to third-party liability under the Medicaid program.
Third-party liability requirements applicable under Medicaid shall also apply under the Children's Health Insurance Program (CHIP).
The Centers for Medicare & Medicaid Services must:
publish on its website, and annually update, best practices for assessing third-party liability;
monitor and analyze efforts to assess that liability;
in consultation with states, develop and make available a model uniform reporting field for identifying information related to responsible third parties; and
provide other specified information and guidance to states.
People & committees
Sen. Portman, Rob [R-OH] · R–OH
Legislative record
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Read twice and referred to the Committee on Finance.
Introduced in Senate
Primary sources
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Source last updated: Dec 5, 2025. Consult Congress.gov for the current record.
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