MSP News
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CMS to Increase Availability of “Fixed Percentage” Option for Reimbursement of Conditional Payments
by Settlement Consulting Team Medicare recently issued a notice that the requirements associated with the fixed percentage approach to resolving conditional payments associated with certain settlements are changing. Effective October 2,...
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CMS Issues Outage Notifications for Key Services
The migration of the Baltimore Data Center (BDC) to a new Data Center (Ashburn, VA) will have an impact on several key services. There will be outages to the...
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CMS Releases New WCMSA Reference Guide Version 3.9
by B. Smith On May 15, 2023, the Centers for Medicare & Medicaid Services (CMS) issued an updated Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) User Guide version 3.9, which contains...
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CMS Announces New Mailing Address for CRC Correspondence
Effective March 13, the mailing address for Non-Group Health Plan (NGHP) Medicare Secondary Payer (MSP) correspondence has changed. After March 13, use the following mailing address when corresponding with...
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MSPA Claims/MSP Recovery Not Successful in Eleventh Circuit Appeal – MSP Act Does Not Preempt Insurance Policy or State Law
by J. Mislanovich Recently, the Eleventh Circuit ruled against MSPA Claims/MSP Recovery (MSPR) in MSP Recovery Claims, Series LLC v. United Auto. Ins. Co.[1], finding that the Medicare Secondary Payer...
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CMS Issues Memo on MSP Obligations When Settling Alleged Exposure Claims
by B. Smith On January 20, 2023, the Centers for Medicare and Medicaid Services (CMS) issued a memo entitled Medicare Secondary Payer (MSP) Obligations and Settlements Related to Alleged Exposure...
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Medicare Set-Aside Statistics 2020-2022 Continue to Show Increase in Submitted MSA Amounts
by B. Smith This week, the Centers for Medicare & Medicaid Services (CMS) released the 2020-2022 fiscal year statistics for Workers’ Compensation Medicare Set-Asides (WCMSAs) that have been submitted to...
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CMS Now Consistently Requesting Expense Payment Histories
by J. Mislanovich The Centers for Medicare & Medicaid Services (CMS) WCMSA Reference Guide has always indicated that an all-inclusive payment history (including medical, indemnity, and expenses) is to be...
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Eleventh Circuit Holds Section 111 Reporting Can Establish Elements of Private Cause of Action Under MSP Act
by B. Smith The Eleventh Circuit Court of Appeals in MSP Recovery Claims, Series LLC v. Metropolitan General Insurance Company, et. al., Case No. 21-11547 (11th Cir. July 18, 2022),...