US SB3816

Amends Section 1862(b)(3)(A) of the Social Security Act to allow private lawsuits against group health plans that fail to pay as the primary payer or provide appropriate reimbursement to Medicare

Replaces the term "primary plan" with "group health plan" in existing Medicare Secondary Payer (MSP) enforcement provisions, clarifying which entities can be sued

Enables Medicare beneficiaries and the government to seek damages when employer-sponsored or other group health plans improperly shift payment responsibility to Medicare

Introduced February 10, 2026 by Senators Scott (R-SC) and Hassan (D-NH) with bipartisan sponsorship; referred to the Senate Finance Committee