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

As we previously reported, CMS has stated that it is considering expansion of the Medicare Set-aside review program to include review of MSAs in liability cases. After a recent meeting with members of the Medicare Set-aside community, it appears that this option is still on the table and could be implemented as soon as Fall 2019. If this expansion is carried out, we expect that CMS will publish a reference guide that will provide specific details on how the liability MSA review process will operate. Though no firm plans have been made, it appears that this expansion is a real possibility for the future. Of course, we will continue to keep you updated on any developments regarding this issue.

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