CMS recently released Version 1.3 of its Self-Administration Toolkit for WCMSAs. The Toolkit is a resource for claimants who intend to self-administer their Workers Compensation Medicare Set-aside (WCMSA). The newly released version remains primarily the same. However, there are a few notable changes, most of which are designed to address the WCMSA Portal and use of the same. Section 8 of the Toolkit, which addresses the annual attestation, now contains language indicating that a claimant may submit the annual attestation through the WCMSA Portal. Similarly, Section 13: Letters and Examples has revised language that acknowledges the ability of users to submit the lump-sum annual attestation and expenditure letter electronically through the Portal. WCMSA Portal (WCMSAP) has also been added to the definition section of the Toolkit. CMS defines this as “[a]n administration hub for submitting WCMSA proposed amounts and administering established WCMSA accounts. Log in to this directly or through MyMedicare.gov.”
Another significant change is found in Section 10: Inheritance. In the previous version, it was noted that the estate was responsible for any outstanding claims for services provided to the claimant prior to death before the funds could be distributed. The revise
d language indicates that the Benefits Coordination and Recovery Center (BCRC) and the Medicare Regional Office (RO) will be responsible for ensuring that providers are paid for services rendered prior to the claimant’s death. This must be accomplished before any remaining WCMSA funds are distributed in accordance with the settlement documents and/or state law.