The Centers for Medicare & Medicaid Services (CMS) is alerting you to a new voluntary settlement framework for claims under the Camp Lejeune Justice Act (CLJA). Congress passed the CLJA on August 10, 2022, to permit individuals to file claims related to exposure to contaminants detected in the drinking water at Camp Lejeune from mid-1953 through 1987. On September 6, 2023, the Department of the Navy and the Department of Justice (DOJ) issued a document titled “Public Guidance on Elective Option for Camp Lejeune Justice Act Claims” which establishes a voluntary settlement framework for settlement of certain claims under the CLJA. Claimants may have received Medicare or Medicaid benefits for health care expenses stemming from injuries that may have been linked to Camp Lejeune exposures. Claimants may be contacting your state Medicaid agency to inquire about recovery related to these claims.
CMS is making state Medicaid agencies aware of its position regarding CLJA claims. CMS views the CLJA as establishing an exclusive remedy for CLJA injuries and therefore, has determined that the Medicare fee-for-service program serves as the primary payer of health expenses related to injuries Medicare fee-for-service beneficiaries resulting from Camp Lejeune contaminated water exposures. Consequently, CMS will not assert an offset over CLJA Elective Option offer payments under the Medicare fee-for-service program. In addition, acceptance of an Elective Option offer will not affect the claimant’s Medicare fee-for-service benefits. State Medicaid agencies can determine independently whether to seek recovery of payments they have made associated with CLJA claims. The Department of the Navy and DOJ updated their guidance to include a reference to this CMS determination on September 15, 2023. Questions related to the Camp Lejeune Justice Act litigation may be directed to the Department of Justice at CampLejeune.PACTAct@usdoj.gov