Make a Referral

Checking in on the RAMP Act: Where Things Currently Stand

March 16, 2026
Back to Blog
Gavel sitting on wooden table alongside a clipboard with paperwork with a pen sitting on top.

By M. Heberling

In a recent blog, we reviewed litigation activities by MSP Recovery in Florida’s Third District Court. While it has been difficult to prevail and recover on behalf of Medicare Advantage Organizations (MAOs) in these types of cases, it is a safe bet to assume that these litigation activities will continue. Federal law provides a clear opening for organizations to sue through a private cause of action and further incentivizes these actions due to the possibility that the Plaintiff(s) could recover double damages. IMPAXX therefore recommends proactively identifying and resolving Part C and Part D liens at the time of settlement to avoid potential litigation in the future.

MARC Coalition

The Medicare Advocacy Recovery Coalition (MARC) is a national coalition of stakeholders, which advocates for the improvement of Medicare Secondary Payer (MSP) programs. MARC is currently working with congress on legislative solutions to eliminate the private cause of action for non-group health plans. MARC’s position is that the private cause of action is ambiguous and outdated and discourages settlement by creating potential liability for the settling parties many years after the accident and settlement. MARC indicates that the private cause of action never achieved its purpose and is no longer necessary due to subsequent changes in Medicare reporting requirements, rendering it obsolete. Previously, MARC was instrumental in getting the SMART Act passed by Congress in 2012 and the PAID Act passed in 2020.

RAMP Act

To eliminate the private cause of action, MARC is currently working with stakeholders and Congress to pass the Repair Abuses of MSP Payment Act (RAMP) Act. This bipartisan legislation was first introduced to the U.S. House of Representatives in June 2022. It was subsequently re-introduced in the House in May 2023 and June 2025, and in the U.S. Senate in June 2025 and most recently in February 2026. Notably, both the SMART Act and the PAID Act were also bipartisan legislation, which were passed relatively quickly (within a few years after their initial introduction to Congress). Consequently, MARC remains active in this endeavor and hopefully passage of the RAMP Act will soon follow.

Key Takeaways

    • MARC is actively engaged with Congress to help pass the RAMP Act, which was most recently reintroduced to the U.S. Senate on February 10, 2026.
    • A key goal of the RAMP Act is to eliminate the private cause of action for non-group health plans.
    • Eliminating the private cause of action encourages settlement and removes the threat of litigation many years later.

If you have any questions about this pending legislation and its potential impact on settling cases, please reach out to our Settlement Consulting team at [email protected].