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Consideration for Expansion of Medicare Set-Aside (MSA) Arrangements


As you will recall, on June 11th, 2016 we notified you that CMS issued an alert regarding their intent to consider the review of Medicare Set-asides in both liability and no-fault cases. Earlier today, we received an additional alert confirming that CMS is continuing to consider implementation of a review process in these situations, something we believe further confirms the need to address and protect Medicare’s future interests in liability settlements. As always, we will continue to monitor this situation and will let you know of updates as soon as they arise.

The CMS alert stated –

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 CMS.gov for updates and announcements of town hall meetings in the near future.”

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