Reminder: 04/01 Revised CMS Release Must be Used; Electronic Signatures: OK

CMS, MSAs, WCRC on March 23, 2020
Posted by Jean S. Goldstein, JD, CMSP

In just 9 days, the Centers for Medicare & Medicaid Services (CMS) will no longer accept a standard CMS release when submitting a Workers’ Compensation Medicare Set-Aside (WCMSA) for review and approval to the Workers’ Compensation Review Contractor, CMS’ independent contractor.   As noted in CMS’ most recently issued WCMSA Reference Guide, beginning on April 1, 2020, all releases must contain specific language that the beneficiary understands the intent, process, and administration of WCMSAs, along with both the initials and signature of the Claimant/Beneficiary.   A copy of an acceptable release to submit to CMS can be downloaded here.

However, obtaining a signed release from a Claimant/Beneficiary during this unprecedented time may present some challenges.  Fortunately, CMS will accept electrotonic signatures that meet the requirements of the E-SIGN Act, which essentially made an electronic signature carry the same weight as a written signature.  However, there are very specific requirements necessary in order to comply with the E-SIGN Act, such as demonstrating that a signature has been properly obtained and preserved.  There are also various solutions available to comply with the E-Sign Act and meet these very specific requirements. MEDVAL uses a trusted and established resource for complying with the E-SIGN Act and we can facilitate use to provide documents to CMS to assist with case resolution.

For any additional questions or concerns, you may have please feel free to reach out to a member of our team at [email protected].