Update on Proposed Regulations for Addressing Future Medical Expenses


The Spring 2020 Unified Agenda of Regulatory and Deregulatory Actions was published on June 30, 2020, and includes an update on the proposed rule for addressing Medicare’s interests with future medical expenses in liability, no-fault, and workers’ compensation cases. The Unified Agenda indicates that the proposed rule is now expected to be released in August 2020. This remains subject to change, and CMS has already pushed back the anticipated release date multiple times in the past. As soon as we have further updates on the proposed rule, we will let you know.


The Unified Agenda includes the description below for the proposed rule. The information on the proposed rule in the Unified Agenda is available at https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202004&RIN=0938-AT85.


"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."


If you have questions about this or any other Medicare Secondary Payer issue, please do not hesitate to let us know. We will be happy to help.


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