‘‘(6) TREATMENT OF STATE WORKERS’ COM-
PENSATION LAW.—For purposes of this subsection 
and subsection (p), if a workers’ compensation set-
tlement agreement is accepted, reviewed, approved, 
or otherwise finalized in accordance with the work-
ers’ compensation law of the jurisdiction in which 
such agreement will be effective, such acceptance, re-
view, approval, or other finalization shall be deemed 
conclusive as to any and all matters within the juris-
diction of the workers’ compensation law, including 
the determination of reasonableness of the settle-
ment value; any allocations of settlement funds; the 
projection of future indemnity or medical benefits 
that may be payable under the State workers’ com-
pensation law; and, in the case of a compromise 
agreement, the total amount that could have been 
payable for a claim which is the subject of such 
agreement in accordance with paragraph (2)(C)(ii). 
A determination made by applicable authority for a 
jurisdiction that a workers’ compensation settlement 
agreement is in accordance with the workers’ com-
pensation law of the jurisdiction shall not be subject 
to review by the Secretary.’’. 
(c) CONFORMING AMENDMENTS.—Subsection (b) of 
such section is further amended— 
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(1) in paragraph (2)(B)(ii), by striking ‘‘A pri-
mary plan’’ and inserting ‘‘Subject to subsections 
(p) and (q), a primary plan’’; 
(2) in paragraph (2)(B)(iii)— 
(A) in the first sentence, by striking ‘‘In 
order to recover payment’’ and inserting ‘‘Sub-
ject to subsection (q), in order to recover pay-
ment’’; and 
(B) in the third sentence, by striking ‘‘In 
addition’’ and inserting ‘‘Subject to subsection 
(q), in addition’’; and 
(3) in paragraph (3)(A), by striking ‘‘There is 
established a private cause of action’’ and inserting 
‘‘Subject to subsection (q), there is established a pri-
vate cause of action’’. 
(d) MODERNIZING TERMINOLOGY FOR PURPOSES OF 
MEDICARE SECONDARY PAYER PROVISIONS.—Subsection 
(b)(2)(A) of such section is amended by striking ‘‘work-
men’s compensation law or plan’’ and inserting ‘‘workers’ 
compensation law or plan’’ each place it appears. 
SEC. 3. LIMITATION ON LIABILITY. 
The parties to a workers’ compensation settlement 
agreement which met the provisions of section 1862(b) of 
the Social Security Act (42 U.S.C. 1395y(b)) on the effec-
tive date of settlement shall be accepted as meeting the 
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requirements of such section notwithstanding changes in 
law, regulations, or administrative interpretation of such 
provisions after the effective date of such settlement. 
Nothing in section 1862(b) of the Social Security Act (42 
U.S.C. 1395y(b)) shall authorize the Secretary of Health 
and Human Services to impose liability that is additional 
to the liability in effect on the date of the enactment of 
this Act with respect to a workers’ compensation settle-
ment agreement the effective date of which is before such 
date of enactment, except in the case of fraud. 
SEC. 4. EFFECTIVE DATE. 
The amendments made by this Act shall apply to a 
workers’ compensation settlement agreement with an ef-
fective date on or after the date of the enactment of this 
Act. 
Æ 
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