Liability Medicare Set-Aside (LMSA)

10/11/2023 - 24 min read

CMS's Section 111 penalties "final rule" released

In an important development, CMS has released its Section 111 penalties “Final Rule” --- CMS penalties will go live in 60 days.

11/9/2022 - 14 min read

Back to the drawing board: CMS’s future medicals proposals are withdrawn – where does this leave LMSAs?

As reported in our October update, the Centers for Medicare and Medicaid Services’ (CMS’s) future medicals proposals have been withdrawn.

10/14/2022 - 1 min read

CMS’s future medicals proposals have been withdrawn

In an important new development, an updated Office of Information and Regulatory Affairs (OIRA) notice reflects that CMS has withdrawn its “future medicals” proposals.

6/30/2022 - 2 min read

Claims commitment: Empowering insurers on the innovation journey

The insurance industry has experienced tremendous change in the past few years.

12/13/2021 - 2 min read

LMSA update: CMS’s “future medicals” proposals now scheduled for release in February 2022

A Fall 2021 notice indicating that CMS’s long-anticipated release of its “future medicals” notice of proposed rulemaking (NPRM) is now scheduled for February 2022.

10/15/2021 - 16 min read

Court finds that a LMSA for future medicals is not necessary as part of the parties’ liability settlement

CMS’s future medicals proposals now scheduled for release this month.

12/16/2020 - 3 min read

LMSA update: CMS’s “future medicals” proposals now scheduled for release in March 2021 | New LMSA case decision highlights continuing claims challenges

LMSA update: OIRA has issued an updated noticing indicating CMS’s “future medical” proposals are delayed again and projected for release in March 2021.

National Cancer Institute L8twzt4ccvq Unsplash

12/7/2020 - 12 min read

New case highlights how LMSA issues and questions continue to complicate liability claim settlements

In Abate V. Wal-Mart Stores East, L.P. the court found CMS’s 9/30/11 memo didn’t mandate the plaintiff get a letter from her doctor certifying treatment was completed or that settling parties create a LMSA where treatment is ongoing.

7/1/2020 - 1 min read

CMS’s expected release of its “future medicals” proposals now scheduled for August 2020

An updated notice from the Office of Information and Regulatory Affairs indicates CMS’s long-anticipated release of its “future medicals” notice of proposed rulemaking is now scheduled for August 2020.

National Cancer Institute Nfvdkihxylu Unsplash

11/22/2019 - 1 min read

CMS’s expected release of its “future medicals” (LMSA) proposals delayed until February 2020

OIRA announced CMS’s expected release of its Notice of Proposed Rulemaking (NPRM) proposals for “future medicals” has been pushed back to February 2020.

8/12/2019 - 2 min read

Release of proposed “future medicals” rules will be delayed

CMS’s release of proposed rules to address “future medicals” in relation to non-group health plan settlements will be delayed from Sept. 2019 to Oct. 2019.

Linkedin Sales Navigator H5cptwuvhm Unsplash

12/21/2018 - 2 min read

Proposed rules for addressing future medical obligations to be released

The Office of Information and Regulatory Affairs (OIRA) recently issued a notice entitled Miscellaneous Medicare Secondary Payer Clarifications and Updates (CMS-6047-P). This notice indicates that the Centers for Medicare and Medicaid Services (CMS) plans on issuing proposed rules regarding options to address future medicals in relation to liability, workers’ compensation and no-fault cases.

2/28/2018 - 7 min read

Medicare watch list: Staying ahead of the Medicare Secondary Payer compliance curve

As another new year settles in, we know at least one thing is certain: MSP compliance will continue to present formidable challenges for claims payers.

12/1/2017 - 5 min read

Court declines to rule on whether LMSA is necessary - Cites no legal authority for MSAs in liability cases

Whether liability Medicare set-asides (LMSAs) are legally “required” continues to be a vexing question for parties settling liability claims.

10/26/2017 - 1 min read

Liability MSA update

On October 26, 2017, the Centers for Medicare and Medicaid Services (CMS) has released its latest update regarding the LMSA issue.