From the desk of Attorney Amy E. Goyette: CMS expresses clear intent to take steps toward LMSA/NFMSA review process

Tuesday, November 28, 2017

AEG Blog 2
If you remember, earlier this year, CMS instructed providers to bill a beneficiary's LMSA/NFMSA.  However, CMS rescinded this MedLearn article after it generated a large amount of confusion in the provider community and the insurance industry.  Unfortunately, at the beginning of November, CMS reissued its MedLearn article.  In its reissued MedLearn article, CMS now generally references MSAs and states that Medicare is always secondary to liability, no-fault and workers' compensation insurance.  In addition, CMS issued an alert stating it "continues to consider expanding its voluntary Medicare Set-Aside Arrangements (MSA) review process to include liability insurance … and no-fault insurance MSA amounts."
Please continue to monitor this blog for updates and announcements.  In the meantime, please contact Attorney Goyette, if you would like to discuss your Medicare compliance obligations.