There has been a great deal of commentary from the liability industry concerning the necessity of liability Medicare Set-Aside (MSA) allocations under the Medicare Secondary Payer Act (MSP), and whether the published guidance applicable for workers’ compensation MSAs provides any insight regarding how liability MSAs should be handled. Although there is no statutory requirement to create an MSA when future medical expenses are awarded, it is recommended by the Centers for Medicare and Medicaid Services (CMS) and has become a best practice in workers’ compensation cases. In liability cases, resistance to MSAs continues due to a lack of published guidance and issues that are specific to liability cases. For example, if a settlement is only $100,000, and the projected MSA is $150,000, how can plaintiff’s attorneys get their fees if the entire settlement is taken up by an MSA?
Over the past year CMS has been seeking a new and qualified vendor through a Request for Proposal (RFP) process to take on the role of the Workers’ Compensation Review Contractor (WCRC). On June 16, 2011, CMS awarded Provider Resources, Inc. with the WCRC contract effective July 1, 2011. However, the transition will be delayed … Read moreProtest Delays Transition to New WCRC