Liability Medicare Set-Aside (LMSA)
10/11/2023 - 24 min read
CMS’s Section 111 Penalties “Final Rule” Released – Breaking Down CMS’s Penalty Provisions and How They Impact Section 111 Reporting
In an important development, CMS has released its Section 111 penalties “Final Rule” --- CMS penalties will go live in 60 days.
11/9/2022 - 14 min read
Back to the drawing board: CMS’s future medicals proposals are withdrawn – where does this leave LMSAs?
As reported in our October update, the Centers for Medicare and Medicaid Services’ (CMS’s) future medicals proposals have been withdrawn.
10/14/2022 - 1 min read
CMS’s future medicals proposals have been withdrawn
In an important new development, an updated Office of Information and Regulatory Affairs (OIRA) notice reflects that CMS has withdrawn its “future medicals” proposals.
6/30/2022 - 2 min read
Claims commitment: Empowering insurers on the innovation journey
The insurance industry has experienced tremendous change in the past few years.
12/13/2021 - 2 min read
LMSA update: CMS’s “future medicals” proposals now scheduled for release in February 2022
A Fall 2021 notice indicating that CMS’s long-anticipated release of its “future medicals” notice of proposed rulemaking (NPRM) is now scheduled for February 2022.
10/15/2021 - 16 min read
Court finds that a LMSA for future medicals is not necessary as part of the parties’ liability settlement
CMS’s future medicals proposals now scheduled for release this month.
12/16/2020 - 3 min read
LMSA update: CMS’s “future medicals” proposals now scheduled for release in March 2021 | New LMSA case decision highlights continuing claims challenges
LMSA update: OIRA has issued an updated noticing indicating CMS’s “future medical” proposals are delayed again and projected for release in March 2021.
12/7/2020 - 12 min read
New case highlights how LMSA issues and questions continue to complicate liability claim settlements
In Abate V. Wal-Mart Stores East, L.P. the court found CMS’s 9/30/11 memo didn’t mandate the plaintiff get a letter from her doctor certifying treatment was completed or that settling parties create a LMSA where treatment is ongoing.
7/1/2020 - 1 min read
CMS’s expected release of its “future medicals” proposals now scheduled for August 2020
An updated notice from the Office of Information and Regulatory Affairs indicates CMS’s long-anticipated release of its “future medicals” notice of proposed rulemaking is now scheduled for August 2020.
11/22/2019 - 1 min read
CMS’s expected release of its “future medicals” (LMSA) proposals delayed until February 2020
OIRA announced CMS’s expected release of its Notice of Proposed Rulemaking (NPRM) proposals for “future medicals” has been pushed back to February 2020.
8/12/2019 - 2 min read
Release of proposed “future medicals” rules will be delayed
CMS’s release of proposed rules to address “future medicals” in relation to non-group health plan settlements will be delayed from Sept. 2019 to Oct. 2019.
12/21/2018 - 2 min read
Proposed rules for addressing future medical obligations to be released
The Office of Information and Regulatory Affairs (OIRA) recently issued a notice entitled Miscellaneous Medicare Secondary Payer Clarifications and Updates (CMS-6047-P). This notice indicates that the Centers for Medicare and Medicaid Services (CMS) plans on issuing proposed rules regarding options to address future medicals in relation to liability, workers’ compensation and no-fault cases.
2/28/2018 - 7 min read
Medicare watch list: Staying ahead of the Medicare Secondary Payer compliance curve
As another new year settles in, we know at least one thing is certain: MSP compliance will continue to present formidable challenges for claims payers.
12/1/2017 - 5 min read
Court declines to rule on whether LMSA is necessary - Cites no legal authority for MSAs in liability cases
Whether liability Medicare set-asides (LMSAs) are legally “required” continues to be a vexing question for parties settling liability claims.
10/26/2017 - 1 min read
Liability MSA update
On October 26, 2017, the Centers for Medicare and Medicaid Services (CMS) has released its latest update regarding the LMSA issue.
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