The Governor’s Conference on Workers’ Compensation is an annual event presented by Governor Greg Gianforte and the Department of Labor and Industry.
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The Centers for Medicare & Medicaid Services (CMS) released a revised Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) Reference Guide (“Reference Guide”) Version 4.1 on August 1, 2024. This Reference Guide replaces Version 4.0 which was released on April 1, 2024. There are a few notable changes when comparing the two Reference Guides.
Changes in Version 4.1 of this Guide Include the Following Changes
- By CMS’ request, the guide has been updated with details about WCMSA coordination with other health insurers (Section 4.1.3).
To download the new WCMSA Reference Guide v4.1 click here.
This guide reflects information compiled from all WCMSA Regional Office (RO) Memoranda issued by CMS, from information provided on the CMS website, from information provided by the Workers Compensation Review Contractor (WCRC), and from the CMS WCMSA Operating Rules. The intent of this reference guide is to consolidate and supplant all historical memoranda in a single point of reference. Please discontinue the reference of prior documents.
For Additional Information
Medivest will continue to monitor changes occurring at CMS and will keep its readers up to date when such changes are announced. For questions, feel free to reach out to the Medivest representative in your area by clicking here or call us direct at 877.725.2467.
WCI's annual Workers’ Compensation Educational Conference and brings together workers’ compensation professionals from across the country.
The NCSI's 2024 Annual Meeting and Conference will include a dynamic workers’ compensation program for Self-Insured/Large Deductible employers with sessions on a variety of topics, including medical, safety, administrative, technology and legal.
The Virginia Workers’ Compensation American Inn of Court is an association of lawyers, judges, and other legal professionals from all levels and backgrounds who share a passion for professional excellence.
The North Carolina Association of Self-Insurers (NCASI) is proud to be the employers’ voice in workers’ compensation.
On January 10, 2024, the U.S. Department of Labor published a final rule, revising its guidance to employers and workers to help determine if a worker qualifies as an employee or an independent contractor (IC) under the Fair Labor Standards Act (FLSA). The final ruling explains that the economic reality test is comprised of six-factors that are a guide to conduct the totality-of-the circumstances analysis to determine economic dependence. The new ruling takes effect March 11, 2024. To view the final ruling, click here.
Misclassification Issues
Employers need to distinguish between employees and independent contractors when considering eligibility for workers’ compensation. Correctly distinguishing between employees and independent contractors is crucial for legal compliance, cost management, liability avoidance, and ensuring workers receive the appropriate benefits and protections. Misclassification can have significant financial and legal consequences for employers.
What is the Economic Realities Test?
The US Department of Labor uses an economic realities test to help employers comply with the law, reduce the risk of employee misclassification, and to help determine if a worker is classified as an independent contractor or as an employee. This test consists of six-factors that are all weighed against each other. All factors should be considered. No single factor determines a worker’s status. No one factor or combination of factors is more important than the other factors. This test considers the totality of the circumstances of the working relationship. Below are the six (6) factors.
- Opportunity for profit or loss depending on managerial skill,
- Investments by the worker and the employer,
- Permanence of the work relationship,
- Nature and degree of control,
- Whether the work performed is integral to the employer’s business
- Skill and initiative
About Medivest
Since 1996 Medivest has been helping our clients navigate the complexities of MSP compliance. We offer settlement solutions for workers’ compensation and liability settlements. Count on Medivest to help keep you up to date with the constant updates regarding Federal Register rulings, Medicare Secondary Payer legislation and changes related to CMS’s enforcement of the Medicare Secondary Payer. For questions, feel free to reach out to a Medivest representative in your area by clicking here or call us direct at 877.725.2467.
At the CAAA Winter Convention, you will have the chance to attend informative panels led by esteemed legal experts.
The Arizona Self-Insurers Association offers a professional environment that fosters the positive exchange of knowledge and ideas for improving self-insurance and workers' compensation programs and policies.
CMS will be hosting a Section 111 Workers’ Compensation Reporting Webinar on Monday November 13, 2023 applicable to all primary plans considered Non-Group Health Plans (NGHP) including Liability Insurance (including Self-Insurance), No-Fault Insurance and Workers’ Compensation. Section 111 is also known as Mandatory Insurance Reporting and CMS will be focus its webinar on the expansion of Section 111 Non-Group Health Plan (NGHP) Total Payment Obligation to Claimant (TPOC) reporting to include Workers’ Compensation Medicare Set-Aside (WCMSA) information.
As usual, the format will include opening remarks and then a presentation by CMS that will include background and timelines, followed by a question-and-answer session. CMS has indicated that “because this expansion impacts reporting of WCMSAs, it is strongly recommended that Responsible Reporting Entities (RREs) who report Workers’ Compensation settlements attend.”
Date: November 13, 2023
Time: 1:00 PM ET
Webinar Link: htps://cms.zoomgov.com/j/1606789743?pwd=VzZ0Uk96ZWs1NUUvbm5xUnpJU2l4Zz09
Passcode: 100553
Or to connect via phone:
Conference Dial In: 1-833-568-8864
Conference Passcode: 160 678 9743
Due to the number of expected participants, please log in at least 10 minutes prior to the start of the presentation.
Additional information about recent updates from CMS can be found here. If you have questions on how topics discussed in this webinar may affect your clients, please contact Medivest here or call us at 877.725.2467.
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