I 
115TH CONGRESS 
2D SESSION 
H. R. 6619 
To amend title XVIII of the Social Security Act to provide for the application 
of Medicare secondary payer rules to certain workers’ compensation set-
tlement agreements and qualified Medicare set-aside provisions. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 26, 2018 
Mr. REICHERT (for himself and Mr. THOMPSON of California) introduced the 
following bill; which was referred to the Committee on Ways and Means, 
and in addition to the Committee on Energy and Commerce, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To amend title XVIII of the Social Security Act to provide 
for the application of Medicare secondary payer rules 
to certain workers’ compensation settlement agreements 
and qualified Medicare set-aside provisions. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Medicare Secondary 
Payer and Workers’ Compensation Settlement Agree-
ments Act of 2018’’. 
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SEC. 2. APPLICATION OF MEDICARE SECONDARY PAYER 
RULES TO CERTAIN WORKERS’ COMPENSA-
TION SETTLEMENT AGREEMENTS. 
(a) SECONDARY PAYER PROVISIONS FOR WORKERS’ 
COMPENSATION
SETTLEMENT
AGREEMENTS.—Section 
1862 of the Social Security Act (42 U.S.C. 1395y) is 
amended— 
(1) in subsection (b)(2)(A)(ii), by inserting 
‘‘subject to subsection (p),’’ after ‘‘(ii)’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(p) DEFINITIONS.—For purposes of this subsection 
and subsection (q): 
‘‘(1) COMPROMISE
AGREEMENT.—The term 
‘compromise agreement’ means a workers’ com-
pensation settlement agreement that— 
‘‘(A) applies to a workers’ compensation 
claim that is denied or contested, in whole or in 
part, by a workers’ compensation payer involved 
under the workers’ compensation law or plan 
applicable to the jurisdiction in which the 
agreement has been settled; and 
‘‘(B) does not provide for a payment of the 
full amount of benefits sought or that may be 
payable under the workers’ compensation claim. 
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‘‘(2) WORKERS’ COMPENSATION
CLAIMANT.— 
The term ‘workers’ compensation claimant’ means a 
worker who— 
‘‘(A) is or may be covered under a workers’ 
compensation law or plan; and 
‘‘(B) submits a claim or accepts benefits 
under such law or plan for a work-related in-
jury or illness. 
‘‘(3) 
WORKERS’ 
COMPENSATION
LAW
OR 
PLAN.— 
‘‘(A) IN
GENERAL.—The term ‘workers’ 
compensation law or plan’ means a law or pro-
gram administered by a State or the United 
States to provide compensation to workers for 
a work-related injury or illness (or for disability 
or death caused by such an injury or illness), 
including the Longshore and Harbor Workers’ 
Compensation Act (33 U.S.C. 901–944, 948– 
950), chapter 81 of title 5, United States Code 
(known as the Federal Employees Compensa-
tion Act), the Black Lung Benefits Act (30 
U.S.C. 931 et seq.), and part C of title 4 of the 
Federal Coal Mine and Safety Act (30 U.S.C. 
901 et seq.), but not including the Act of April 
22, 1908 (45 U.S.C. 51 et seq.) (popularly re-
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