February 2022 is the new target date for Rulemaking on MSP and Future Medicals: Will we have policy on Liability Medicare Set-Asides (LMSAs) in just 2 months?
The Centers for Medicare & Medicaid Services (CMS) has updated the target date for its Notice of Proposed Rulemaking (NPRM) on Medicare Secondary Payer (MSP) and Future Medicals to February 2022.
Although a process and procedure for Workers’ Compensation Medicare Set-Asides (WCMSAs) has been in place for 20 years now since 2001, this rulemaking may stand to create a legislative framework around Liability MSAs (LMSAs) for the first time. The link to the listing of the NPRM on the OIRA website can be found here.
This NPRM potentially stands to impact liability, no-fault, and workers’ compensation settlements to the extent of clarifying obligations with respect to protection of Medicare’s future medical interest vis a vis a Liability Medicare Set-Aside (LMSA), No-Fault Medicare Set-Asides (NFMSAs), and Workers’ Compensation Medicare Set-Asides (WCMSAs). The previous target date for the regulation was October of 2021.
The description of the rule states the following:
“This proposed rule would clarify existing Medicare Secondary Payer (MSP) obligations associated with future medical items and services related to liability insurance (including self-insurance), no-fault insurance, and workers’ compensation settlements, judgments, awards, or other payments. This proposed rule would also remove obsolete regulations.”
For more information on the state of LMSAs and practical tips for satisfying Medicare’s future interests in settlements of liability claims with Medicare beneficiaries, please see our prior blog “Liability Medicare Set-Asides: Are They a Mythical Unicorn or Realistic Obligation under the MSP?”
Sanderson Firm will continue to monitor this NPRM and other MSP updates. For questions, please contact us.
Join us for our next upcoming webinar on January 11, 2021, at 1:30 EST on “Medicare Secondary Payer Fundamentals!” Registration is free; however, no CEUs/CLEs will be offered. Register here: https://us06web.zoom.us/webinar/register/WN_iNhE8czcTsC4pgKUm-jT2g
