The Official Medicare Set Aside Blog And Information Resource

Notice of Upcoming Enhancement to the WCMSAP

CMS on August 21, 2014 | Posted by Jean S. Goldstein, JD

CMS posted an alert on the Workers’ Compensation Set-Aside Web Portal (WCMSAP) page indicating a new feature to be available as of October 6, 2014. As of this date, portal users will be able to enter prescription drug information directly into the portal for a specific submission. With this enhancement of the portal, new data […] Continue

S.2731 – Medicare Secondary Payer and Workers’ Compensation Settlement Agreements Act of 2013 Introduced to Senate

Commentary, Medicare Set-Aside Blog, Medicare Set-Asides, MSP News on August 1, 2014 | Posted by Jennifer Jordan, JD, MSCC

On July 31, 2014, Senator Bill Nelson of Florida introduced the Senate version of H.R. 1982. Currently co-sponsored only by Senator Rob Portman, the bill was read twice, referred to the Committee on Finance and then the Senate promptly began its summer break. With introduction this late in the session, it will be interesting to […] Continue

3rd Circuit Affirms MSP Obligations are not Subject to NJ Collateral Source Statute

Commentary, Medicare Set-Aside Blog, MSP Litigation on July 31, 2014 | Posted by Jennifer Jordan, JD, MSCC

On July 29, 2014, the US Court of Appeals for the Third Circuit affirmed that Cecelia Taransky was required to reimburse Medicare regardless of the New Jersey’s collateral source statute. Ms. Taransky contended that she was prohibited by state statute from recovering medical expenses, however all evidence demonstrated that the Medicare conditional payment information was […] Continue

Medicare Trust Fund Exhaustion Pushed Back Until 2030

Medicare on July 28, 2014 | Posted by Jennifer Jordan, JD, MSCC

In its Trustees Report released July 28, 2014, CMS announced that the Medicare trust fund will remain solvent until 2030, four more years than previously projected, due in part to cost controls implemented in the Affordable Care Act. Factors that contributed to the improved outlook included lower than expected spending in 2013 and decreased overall […] Continue

Dueling MSA Recommendations

Commentary, Liability, Medicare Set-Aside Blog on June 30, 2014 | Posted by Jennifer Jordan, JD, MSCC

We knew it was inevitable but the day has come. The Court of Appeals of Ohio published an opinion within which the parties debate the need for an LMSA and use the polar extreme of MSA providers to argue their cases. Unlike dueling life care plans, this was not a case of high and low […] Continue

Hearing on the Merits

CMS, Medicare Set-Aside Blog, MSP Litigation on June 6, 2014 | Posted by Jennifer Jordan, JD, MSCC

Although I’m sure you’ve seen the abundant posts this week regarding the new WCMSA Reference Guide and are aware that CMS has added a new section, it looks like this: 4.1.4 Hearing on the Merits of a Case When a state WC judge approves a WC settlement after a hearing on the merits, Medicare generally […] Continue

CMS And WCRC Streamline Review Process To Clear Backlog

CMS, Medicare Set-Aside Blog, News and Events on May 13, 2014 | Posted by Jean S. Goldstein, JD

Over the past week, MEDVAL has received numerous calls from the CMS WC review contractor (“WCRC”) regarding closeout letters received in response to requests for additional information for many submissions. MEDVAL was advised that these closeout letters were apparently inadvertently issued, and that the WCRC was working with CMS to clear their backlog. We have […] Continue

Kimberly Wiswell Voted President-Elect by NAMSAP Board of Directors

Commentary, Medicare Set-Aside Blog, MEDVAL News, News and Events on May 12, 2014 | Posted by Jon Gunter, CMSP

Kimberly Wiswell, Director of Operations for MEDVAL, was voted President-Elect of the Board of Directors for the National Alliance of Medicare Set-Aside Professionals (NAMSAP). The nonprofit educates Medicare professionals, advocates for a more efficient and effective Medicare Secondary Payer process in Washington, participates in the federal rule-making process and helps draft Medicare-related legislation. In this […] Continue