CMS Announces LMSA Review Program

CMS, Liability, Medicare Set-Aside Blog, Medicare Set-Asides on June 10, 2016 | Posted by Jean S. Goldstein, JD

On June 9, 2016, CMS officially validated rumors that it is in fact considering reviewing LMSAs. Announcement of the proposal and subsequent town hall meetings are expected later in the year.

The alert (which can be found here) indicated that CMS is considering expanding its voluntary Medicare Set-Aside Arrangements (MSA) amount review process to include the review of proposed liability insurance (including self-insurance) and no-fault insurance MSAs. This alert would coincide with that which we have seen of late with certain CMS regional offices being willing to review liability MSAs submitted. This also appears to be the basis for the CMS review contractor solicitation deadline bid being pushed out even further, as we previously advised.  We can’t help but wonder how this will affect the turnaround times, and responsiveness of the CMS review contractor in the future. There has been even more chatter in the MSA community about more changes to the MSA review process, including changes in work review threshold amounts – but to date no additional changes have been discussed.

The CMS issued alert further indicates that CMS plans to work closely with the MSA/stakeholder communities to identify how best to implement this potential expansion. MEDVAL, as always, will be at the forefront advocating for our clients and how best to protect our clients’ interests. We will continue to monitor this possible expansion and report back on any further movement in this process.