CMS Again Postpones Liability MSA Proposed Rule


As we have discussed previously, CMS has issued a Notice of Proposed Rule that would govern how parties should discharge obligations to Medicare with regard to future medical expenses for Medicare beneficiaries in settlements, judgments, awards and other payments. Issuance of the Proposed Rule has been postponed several times. CMS recently issued another postponement and provided a new release date of March, 2021. The Notice states:


This proposed rule would clarify existing Medicare Secondary Payer (MSP) obligations associated with future medical items services related to liability insurance (including self-insurance), no fault insurance, and worker’s compensation settlements, judgments, awards, or other payments. Specifically, this rule would clarify that an individual or Medicare beneficiary must satisfy Medicare’s interest with respect to future medical items and services related to such settlements, judgments, awards, or other payments. This proposed rule would also remove obsolete regulations.


The Notice of Proposed Rule may be found HERE. We will continue to monitor this issue and keep you updated regarding the same. If you have any questions, please do not hesitate to let us know.

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