---
title: "List Medicare secondary-payer facts already in the file"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/notify-medicare-of-a-judgment-or-settlement-and-track-the-clearance/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-W20261018-1-US"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# List Medicare secondary-payer facts already in the file

> Columns are whether the file says the person has Medicare, the primary plan named, the settlement or judgment date printed, and any conditional-payment figure printed. Write no sentence of a notice to the Secretary.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/notify-medicare-of-a-judgment-or-settlement-and-track-the-clearance/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | Columns are whether the file says the person has Medicare, the primary plan named, the settlement or judgment date printed, and any conditional-payment figure printed. Write no sentence of a notice to the Secretary. Do not calculate a reimbursement. |
| What the lawyer must review | 42 U.S.C. § 1395y(b)(2) makes Medicare secondary where payment has been made or can reasonably be expected under a primary plan. A primary plan includes a group health plan to the extent clause (i) applies, and a workers' compensation law or plan, an automobile or liability policy or plan, including a self-insured plan, or no-fault insurance, to the extent clause (ii) applies. An entity that carries its own risk is deemed to have a self-insured plan. A conditional payment is conditioned on reimbursement of the Trust Fund. A primary plan, and an entity that receives its payment, must reimburse if responsibility is demonstrated by a judgment or by a payment conditioned on a compromise, waiver, or release, whether or not liability is admitted. If reimbursement is not made before the end of the 60-day period that begins when notice of that responsibility is received, the Secretary may charge interest. The claimant or applicable plan may notify the Secretary beginning 120 days before the reasonably expected date of settlement. You write any notice. Do not compute a protected period. |
| Written for | United States |
| Applies to | [Notify Medicare of a judgment or settlement and track the clearance](https://ailawframework.com/practice/personal-injury-and-compensation/notify-medicare-of-a-judgment-or-settlement-and-track-the-clearance.md) |

## Checking plan

- What the AI does: Columns are whether the file says the person has Medicare, the primary plan named, the settlement or judgment date printed, and any conditional-payment figure printed. Write no sentence of a notice to the Secretary. Do not calculate a reimbursement.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The Secretarial response period in the website clause is 65 days and may be extended by 30 days. Do not treat those days as having run.
- An action by the United States under the recovery clause is tied to notice of a settlement under paragraph (8). The reporting thresholds in paragraph (8) were not used.
- Do not put a Medicare number into a public tool. The conditional-payment regulations were not opened.

## Sources

- [42 U.S.C. § 1395y, Exclusions from coverage and Medicare as secondary payer](https://www.law.cornell.edu/uscode/text/42/1395y) (checked 2026-10-22)
- [ABA Model Rule 1.6, Confidentiality of Information](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information/) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*