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Liability Medicare Set-Aside (LMSA)

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October 15, 2021

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.

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December 16, 2020

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.

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December 7, 2020

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…

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July 1, 2020

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…

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November 22, 2019

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.

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November 13, 2019

Liability Medicare Set Asides – Bracing for the storm

Liability claims payers have been left to navigate the uncertainties around LMSA’s the best they can while preparing for where CMS may be heading next.

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August 12, 2019

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.

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May 16, 2019

Reality check: Debunking the myths of Medicare Secondary Payer compliance

Medicare Secondary Payer is a challenging area of compliance for which federal law, regulations, and policy don’t always provide clear answers. It’s vital to understand…

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February 13, 2019

Top 10 Medicare Secondary Payer trends in 2019

MSP compliance is rapidly evolving – policy changes, stricter regulations, new legislation, and emerging case law are making compliance more complex and challenging than…

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December 21, 2018

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).…

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February 28, 2018

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: Medicare Secondary Payer (MSP) compliance will continue to present formidable challenges for claims…

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December 1, 2017

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.

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October 26, 2017

Liability MSA update

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

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September 6, 2017

What’s next for the WCRC? New contract awarded to Capitol Bridge, LLC

On September 1 2017, CMS finally announced that the Workers' Compensation Review Contractor contract has been awarded to Capitol Bridge, LLC.

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August 2, 2017

Making sense of the WCMSA reference guide 2.6

On 7/31, CMS released their new WCMSA Reference Guide. Learn what the changes outlined might mean for submitting WCMSAs to CMS.