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CMS MAKES MAJOR ANNOUNCEMENT IN LIABILITY AND NO-FAULT CASES!
Are You and Your Clients Compliant?
Thismonth CMS publishedMatter#MM9893,datedFebruary3,2017with
NoFault MSAs (“NFMSA”).
Partiesshould notetheprovisionthatthecontractorwouldreviewothernon-grouphealthplan set-asides,whichwouldbereviewsof
MSAson liability cases.TheLMSAreviewwouldbe broken downintofullreviews(similar
towhatiscurrentlydoneon workers'compensation MSAs)anda cursoryreviewwhich would only requirethat allrequireddocuments were providedforan
aseriesof indicationsfrom CMS thattheyareonce again
LMSAs.Thefirstwasin May2016whenCMSreleasedtheRFP-CMS-2016-8A-0008PRE- SOLICITATIONnotice,whichamendedtheStatementof
Non-GroupHealthPlanMedicareSetAsidesArrangements.Thiswas followedin Junewhen CMSupdateditswebsitewith
a noticetitled:"Considerationfor ExpansionofMedicareSet-
AsideArrangements."Thenoticestatesthat"the CentersforMedicareand Medicaid Services
process toincludethereviewof proposedliabilityinsurance(includingself-insurance)and no-
amounts.CMSplansto workcloselywiththestakeholdercommunityto identifyhowbesttoimplementthispotentialexpansion.CMS will
year. Pleasecontinuetomonitorthis websiteforadditionalupdates."
attorneysshould note thatCMSdoes not neednewlawtoimplementLMSAsor NFMSAs.Under42 U.S.C.Sections1395y(b)(2)and 1862(b)(2)(A)(ii)ofthe Social SecurityAct, Medicareisprecludedfrommakingpaymentwhenpayment“hasbeen madeor canreasonably be expectedtobemadeundera workers’compensationplan,an
or liability insurancepolicyorplan
insurance.”MSAs have beenusedinworkers'compensationsettlementsfornearly15 years,and
regularconsiderationinliability and nofaultsettlements.
changessincelast year and havebeen
preparingourclients accordingly. Whileothersmayadvocateusing the
workers'compensation methodology fora
is bothinappropriate and
thelegal equivalent of
a round hole.LMSAsand
administratorwithextensiveexperiencein liability and
no fault cases.CMShasannounceda targetdateofOctober1st,2017.If you wouldlike
assistance in settingup a LMSAor NFMSAcomplianceprogram,please
we wouldbe pleasedto assist you. We can be reached at (734) 433-1670 or firstname.lastname@example.org
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Please click the link below for more information on our lien resolution services:
We were proud to be at the annual Michigan Association for Justice No-Fault seminar last week in Novi! It's always so good to see so many of our friends! For 20 years we have been Michigan's best and only plaintiff focused structured settlement consultant. If you have any questions or would like a custom structured settlement annuity quote on one of your cases please don't hesitate to contact us at email@example.com (734) 433-1670. www.whitehousellc.com