Liability Settlement Alert Regarding Protecting Medicare’s Future Interests
NPRM: Miscellaneous Medicare Secondary Payer Clarifications and Updates (CMS-6047)
The Office of Information and Regulatory Affairs Office of Management and Budget (OIRA/OMB) issued a Notice of Proposed Rulemaking (NPRM) for the Centers for Medicare & Medicaid Services (CMS) dated 03/00/2021 found here.
Essentially the proposed rule would clarify existing Medicare Secondary Payer Act (MSP) obligations associated with payment for future injury related and Medicare allowable medical items, services, and expenses, including prescription drug expenses (Future Medicare Allowable Medicals) related to settlements, judgments, awards, payments, or other arrangements (Settlements) paid by primary plans such as liability insurance plans (including self-insureds), No Fault plans, or Workers’ Compensation plans. Specifically, this rule would clarify that an individual Medicare beneficiary is responsible to satisfy Medicare’s interests with respect to Future Medicare Allowable Medicals related to such Settlements, in addition to the already well known and regulated obligation for Medicare beneficiaries and their attorneys to satisfy Medicare’s past interest in such Settlements by verifying the existence of and resolving any conditional payments (i.e. “Medicare liens”) stemming from Settlements.
This proposed rule would also remove obsolete regulations. While it is projected to focus on the protection of Medicare’s interests in the previously unregulated liability and No Fault Settlement market, the new NPRM could provide additional clarification regarding protecting Medicare’s future interests in Workers’ Compensation Settlements as well
Is this NPRM update laying the groundwork to issue the long awaited LMSA Regulations/Guidance? Only time will tell. Medivest will continue to monitor the OIRA/OMB website for any NPRM updates to keep you informed. You can be assured that Medivest is here to help guide you through some of the complexities associated with MSP compliance.
OIRA/OMB has issued similar proposed release date Notices of Proposed Rule Making (NPRM) for CMS regarding this RIN 0938-AT85 as follows:
- Proposed Release Date: 03/00/2021 – https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202010&RIN=0938-AT85
- Proposed Release Date: 08/00/2020 – https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201910&RIN=0938-AT85
- Proposed Release Date: 02/00/2020 – https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201910&RIN=0938-AT85
- Proposed Release Date:10/00/2019 – https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201904&RIN=0938-AT85
- Proposed Release Date: 09/00/2019 – https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201810&RIN=0938-AT85
To stay up to date regarding any changes with LMSA Regulations/Guidance, please visit Medivest’s blogs:
- 12/21/2020 – Looking Forward to 2021 and a MPRM Update Regarding LMSA Regulation/Guidance
- 07/07/2020 – CMS Provides Notice Regarding LMSA Regulations/Guidance
- 12/07/2018 – Notice of Proposed Rulemaking for Protecting Medicare’s Future Interests on the Horizon (For Auto, Liability and Self-Insurance), No Fault, and Workers’ Compensation
Take Aways
- Considering and protecting Medicare’s past interests has become the industry standard and a “no brainer” for all NGHP settlement types – liability, self-insurance, No Fault, and Workers’ Compensation.
- Whether the announced guidance comes this August or not, it makes sense to help ensure that Medicare’s future interests are protected in accordance with existing federal law, i.e. the MSP.
- Helping to ensure that Medicare is not prematurely billed for injury related futures for any settlement type is the right thing to do and helps protect the Medicare Trust Funds.
