Top 10 MSP-Related Events of 2011

Medicare Set-Aside Blog on January 4, 2012
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As we approached the end of the year, I was asked to contribute to a number of different articles recapping the year and making predictions for 2012. Most requests focused on workers’ compensation and none really captured just how active the MSP arena was in 2011. For those of us who remember the early days, a new CMS memo may have proved for an exciting shake up in the MSP world. Now we have to monitor published court opinions, proposed legislation, and CMS email subscription notifications for new MSA memos and MMSEA reporting alerts, as well as all the industry news tracking the latest outlandish thing CMS did to screw up yet another good insurance settlement. So while still floating around my cluttered mind, here is what I perceived as the MSP Top 10 of 2011.


10.                        May 11, 2011 WCMSA Memo


While by far the most useless memo published to date, it committed the facts to writing once and for all, which I did appreciate. After an entire decade of explaining to people that CMS approval is totally voluntary, not mandated by any law or regulation, and the dollar thresholds totally arbitrary and there only to limit the number of cases that CMS does allow for review, I now only have to forward a link to the newest memo to make my point.  The reason it was published, by my understanding, is because CMS receives a great number of cases for review that are not eligible, but still require the resources of their various contractors to determine that eligibility and to send notifications to the parties that they will not be reviewing it, thus contributing significantly to the incredible delays and the growing back-log. Since my word isn’t sufficient, I thank CMS for this memo.


[Sorry, but you are going to have to come back daily to get all ten.]