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Liability MSA update

On October 26, 2017, the Centers for Medicare and Medicaid Services (CMS) has released its latest update regarding the LMSA issue. This new notice provides no substantive or policy information regarding where it intends to head regarding LMSAs. Rather, the notice simply advises that CMS plans to hold town hall calls at some point in the future to discuss the issue.

The full text of CMS’ message is as follows:


The Centers for Medicare and Medicaid Services (CMS ) continues to consider expanding its voluntary Medicare Set-Aside Arrangements (MSA) review process to include liability insurance (including self-insurance) and no-fault insurance MSA amounts. CMS will work closely with the stakeholder community to identify how best to implement this potential expansion of voluntary MSA reviews. Please continue to monitor for updates and announcements of town hall meetings in the near future.

We will continue to monitor this issue and provide updates as developments warrant. In the interim, please do not hesitate contact us if you have any questions on this notice, the current state of LMSAs, or any other MSP compliance matter. 

Mark Popolizio, J.D.

Mark Popolizio, J.D., is vice president of MSP compliance at ISO Claims Partners, a Verisk business. You can contact Mark at

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