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CMS’s future medicals proposals have been withdrawn

As reported in our March article, the Centers for Medicare and Medicaid Services (CMS) had completed its “future medicals” notice of proposed rulemaking (NPRM) which was then subject to review by the Office of Information and Regulatory Affairs (OIRA). These proposals were anticipated to focus largely on future medicals related to liability cases (e.g., liability Medicare set-aside issue), although CMS’s notice also referenced no-fault and workers’ compensation claims.

However, in an important new development, an updated OIRA notice now reflects that CMS's “future medicals” proposals have been withdrawn. OIRA’s notice simply indicates that the proposals have been withdrawn and it does not contain any information regarding the decision to withdraw the proposals. Since the proposals have been withdrawn, it will remain unknown as to what CMS had contemplated as part of its proposals. As many will recall, back in 2012 CMS released a future medicals advanced notice of proposed rulemaking which it ultimately withdrew in 2014 with no explanation.

Going forward, it will be interesting to see to what extent this new decision may impact current efforts. Verisk will continue to monitor developments on this front and provide updates as warranted.

In the interim, please do not hesitate to contact the author if you have any questions on this matter or to learn how Verisk can help you with your MSP compliance obligations.

Mark Popolizio, J.D.

Mark Popolizio, J.D., is vice president of MSP compliance, Casualty Solutions at Verisk. You can contact Mark at

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