CMS has been Quietly Formulating Significant MSP Policies

Medicare Set-Aside Blog on September 30, 2011
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My how CMS has been secretly busy. Of course none of the information has posted to its various websites yet. Looks like we may be facing another liability reporting delay, CMS learned what a 468B trust was finally, the mysterious phone service that disappeared earlier this week will be back today and most significantly, the federal government figured out a way to take in moneys not owed to it yet but doesn’t want to tell us about it for another 3 weeks. This is getting good. Will post updates on the various policy issues as they actually post.

As part of the Centers for Medicare & Medicaid Service (CMS) efforts to continuously improve its Medicare Secondary Payer (MSP) program; CMS has posted the following information to the MSP websites:

1)     An ALERT delaying the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA) Section 111 MSP reporting requirement for certain liability insurance (including self-insurance) settlements, judgments, awards, or other payments is now posted at

2)     Policy guidance related to Exposure, Ingestion, and Implantation issues, and December 5, 1980, is now posted at  and

3)     An ALERT related to Qualified Settlement Funds, under Section 468B of the Internal Revenue Code, is now posted at

4)     A policy memorandum, for liability insurance (including self-insurance), on the acceptance of the treating physician’s certification, and its impact on the issue of protecting Medicare’s interests with respect to future medicals is now posted at

In addition, on September 30, 2011, the MSPRC will implement a self-service information feature to its customer service line.  This feature gives callers the ability to get the most up-to-date Demand/Conditional Payment amounts, and the dates that those letters were issued, without having to speak to a customer service representative.  The self-service feature will be available for extended hours, and callers will have the option of requesting information on multiple cases during one phone call.

Beginning in October 2011, CMS will implement an option to pay a fixed percentage of certain physical trauma-based liability cases with settlement amounts of $5000 or less.  Detailed information on this option will be posted as an ALERT, on or before October 21, 2011, on the MSPRC website at

Upcoming improvements to the MSP program, expected within the next 3-9 months, include the following:

•       The implementation of a MSPRC portal, where the beneficiary/representative can obtain information about Medicare’s claim payments, demand letters, etc., and input information related to a settlement, disputed claims, etc.

•       The implementation of an option that allows for an immediate payment to Medicare for future medical costs that are claimed/released/effectively released in a settlement.

•       The implementation of a process that provides Medicare’s conditional payment amount, prior to settlement in certain situations. 

See full posting at:

PDFs of the future medical policies appear at however the links do not currently connect to anything.