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CMS Continues to Delay Issuing Regulations on Future Medical Expenses

In its most recent Regulatory Agenda, the Department of Health and Human Services again included a notice of a proposed rule on addressing future medical expenses in workers’ compensation, liability, and no-fault cases. Previously, CMS anticipated issuing proposed regulations in September 2019. Earlier this year, the time frame was pushed back to October 2019. The current Regulatory Agenda now indicates that CMS anticipates issuing proposed regulations in February 2020. Of course, this is subject to change. CMS may again delay issuing proposed regulations given the complexity of the issues involved, particularly in liability cases. We will keep you updated regarding any proposed regulations that are issued.

The notice of the proposed rule states: “This proposed rule would ensure that beneficiaries are making the best healthcare choices possible by providing them and their representatives with the opportunity to select an option for meeting future medical obligations that fits their individual circumstances, while also protecting the Medicare Trust Fund.” The notice is available at

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