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CMS Considers Review Process for MSAs in Liability Cases

On June 9th, CMS issued an alert indicating that they are in fact considering the review of Medicare Set-asides in both liability and no-fault cases. By considering implementation of a review process, CMS appears to be confirming the need to protect Medicare’s interests and address future medicals in liability settlements. Proposals and town halls meetings to discuss the implementation of such a review program are expected later this year. We will continue to monitor this situation closely and keep you informed regarding any updates as soon as they become available.

The CMS Alert stated-

"The Centers for Medicare and Medicaid Services (CMS) is considering expanding its voluntary Medicare Set-Aside Arrangements (MSA) amount review process to include the review of proposed liability insurance (including self-insurance) and no-fault insurance MSA amounts. CMS plans to work closely with the stakeholder community to identify how best to implement this potential expansion. CMS will provide future announcements of the proposal and expects to schedule town hall meetings later this year." Please continue to monitor the CMS website for additional updates.

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