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The MSA & Liability Cases: Who’s Going to Pay for That?

By |2020-09-02T10:55:07-04:00September 2nd, 2020|CMS, LMSA, MSA|

Decades of continuing silence on the role of Medicare Set Aside (MSA) accounts in liability cases may prove disastrous in the face of the injuries and damages caused by the COVID-19 pandemic. America's aging population is growing, and more people reach Medicare-eligibility every day. Any injuries they suffer due to the virus and its debilitating [...]

CMS is Hard at Work in Summer 2020

By |2020-07-06T13:04:13-04:00July 6th, 2020|CMS, CMS WCRC, CRC, Government, MSA|

Incoming Changes to WCMSA Activities Even in the face of the health and civic challenges the country is enduring, the Centers for Medicare and Medicaid Services (CMS) maintains its pursuit its institutional goal of keeping its constituents current with evolving standards. Recently, the CMS issued two new directives, one for MSA calculations and one for [...]

COVID-19 and the Evolving Landscape of WC Litigation

By |2020-06-01T14:26:36-04:00June 1st, 2020|CMS, Employers, MSA|

For America’s employers, the COVID situation is creating havoc. Those who have shuttered their businesses for the duration of the crisis may not be able to open again once it subsides. Those who are open, however, especially those that offer essential services like grocery stores, are finding themselves facing workers’ compensation (WC) concerns that are [...]

The Effect of COVID-19 on WC and MSAs

By |2020-05-07T13:11:08-04:00May 7th, 2020|CMS, Employers, MSA|

Even before the COVID-19 virus situation was declared a global pandemic by the World Health Organization (WHO), world events indicated that a future recession was possible. Now that we are living amidst the full force of the COVID-19 effect, it seems like a recession is inevitable. Further, the high numbers of newly unemployed workers and [...]

Making the Most of an MSA Amended Review Request

By |2020-04-01T12:00:18-04:00April 1st, 2020|Government, MSA, Review Process|

In 2017, when the Center for Medicare and Medicaid Services (CMS) updated its Medicare Set Aside (MSA) Reference Guide, it added a provision that allowed a one-time opportunity to request an ‘amended review' of a conditionally preapproved MSA account. When a case met the required elements of the new rule, claimants and carriers could re-submit [...]

Protect the Future with an MSA

By |2020-03-02T10:07:16-05:00March 2nd, 2020|CMS, Government, MSA|

In the Workers’ Compensation (WC) world, evaluating the appropriateness of a Medicare Set Aside account (MSA) is (or should be) a standard case management practice for any person with a work-related injury who is nearing or over the age of Medicare or Medicaid eligibility. However, because setting up the MSA in a WC case remains [...]

Establishing the MSA in the WC Case

By |2020-02-07T10:43:13-05:00February 7th, 2020|CMS, MSA, Settlement|

In today's post, we are completing our series on the how's and why's of the Medicare Set Aside (MSA) account. Last year, we wrote about the evolution of worker protection laws, the role of third-party liability workplace injuries, and why America's Medicare system gets involved in injured worker cases.   Next, we will explore how [...]

CMS Updates WCMSA Reference Guide

By |2019-12-06T13:19:13-05:00December 6th, 2019|Government, MSA, Review Process|

Everyone updates, including the Centers for Medicare and Medicaid Services (CMS). In October, the CMS released its updated Medicare Set Aside (MSA) reference guide, version 3.0, which replaces version 2.9 released just in January of this year. As participants in the MSA system make changes to reflect the new guidelines, they should be careful to [...]

Medicare and the Workers’ Comp System

By |2019-11-01T12:55:32-04:00November 1st, 2019|CMS, CMS WCRC, MSA|

The Medicare and Medicaid systems are fundamental sources for healthcare services for America's seniors and disabled people. The Centers for Medicare and Medicaid Services (CMS) runs the healthcare networks that span the country and provide medical services for millions of people. When Medicare-eligible people suffer injuries at work, CMS can only provide healthcare funding when [...]

More Than One Pot – Who Pays for Injured Workers?

By |2019-10-01T10:20:45-04:00October 1st, 2019|Employers, Government, MSA|

Last month's post discussed the history of how and why the 'workers’ compensation' (WC) industry evolved out of medieval 'employment' practices: Employers often demanded that their employees put in long hours under harsh conditions to justify paying them a minimal wage. Workers were subjected to challenging conditions in unsafe factories that exposed them to innumerable [...]