Medicare Secondary Payer and Workers’ Compensation Settlement Agreements Act of 2013

Commentary, Medicare, Medicare Set-Aside Blog on May 16, 2013 | Posted by Jennifer Jordan, JD, MSCC

On May 15, 2013, Congressmen Reichert and Thompson introduced H.R. 1982 into the House of Representatives. I have run a pdf comparison on this bill and H.R. 5284 and have found it to be substantially the same bill, making this the fourth try in consecutive Congresses with little track record of progress. Regardless of some minor nuances, very little has changed since the last version. More importantly, the bill continues to attempt to create exemptions and safe harbors and bases many of its provisions on various aspects of the voluntary WCMSA review program that really have no basis other than to provide a means to determine if CMS will make that program available for certain claims. The most laughable provision continues to be the option where you may write a check and turn your overinflated MSA over to the Medicare trust and hope your claimant outlives us all because any remainder interest is not coming back. Guess they’ll want me to prepay my lifetime taxes next to prop up the Social Security Disability Trust fund when it goes broke in 2016. I cannot say that I am surprised to see its introduction because it has historically always been introduced in late April or May but generally during the second half of the term. So the biggest change here is a much larger window of time with which to seek sponsorship before reelection becomes the focus. The record to break is 22 sponsors from the 111th Congress. Wishing it luck…