CMS Issues Alert Regarding Zero-Dollar WCMSAs

CMS, Medicare Set-Aside Blog, Medicare Set-Asides on November 1, 2016
Posted by Jean S. Goldstein, JD, CMSP

CMS issued an alert this morning indicating that “CMS recently received inquiries regarding procedural changes in the way that CMS’ Workers’ Compensation Review Contractor (WCRC) reviews proposed zero-dollar Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) amounts.  CMS determined changes had transpired without prior notification. Effective immediately, the WCRC will utilize procedures that were previously in effect.  CMS continually evaluates all policy and procedures related to WCMSA reviews and will publish any pending changes when or before they go into effect.”

We have confirmed that the WCRC is not aware of this alert and is awaiting further guidance from CMS at this time.  We suspect that CMS will issue an updated policy regarding zero or denied MSAs, as outlined in our previous post, within an updated reference guide.  As always, we will continue to keep you updated of any policy changes.  In the meantime, we will continue submitting MSAs for those that choose CMS’ voluntary review process that comply with all of CMS’ rules and procedures.  Contact us at with any questions.