CMS Guidance on WCMSA’s Section 4.3

We like to remind the legal industry that Medicare Set-Asides (“MSAs”) don’t exist under the law. They’re a very good idea considering the consequences to a claimant or plaintiff of not having an MSA.   Remember that CMS’s recent update to the WCMSA User Guide has a new section 4.3 with CMS warning us of…

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The New Rules of MSAs

How Defense Uses Non-Submit MSAs

Medicare Set-Asides (“MSAs”) don’t exist under the law. CMS insists MSAs are a voluntary process. But – are they truly voluntary?   CMS’s recently updated WCMSA User Guide has a new section 4.3 that makes it seem like MSAs are essentially mandatory. The good news is that CMS has laid out all of the reasons…

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2022 WILG Longshore Conference

A lawyer and client discuss options for a Medicare lien resolution.

As a WILG Gold Level Affinity Partner, MASSIVE looks forward to connecting with our fellow members and participating in the WILG Longshore Conference in New Orleans March 25-26, 2022.   MASSIVE’s COO, Ryan Weiner, Esq. will be presenting the complex topic of “How Defense Uses Non-Submit MSAs” on March 26 at 11:15 a.m. (CST), something…

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MASSIVE Welcomes Richard Bays, Legal Nurse

MASSIVE: Medical and Subrogation Specialists, the industry’s most advanced provider of Future Medical Allocation services (including MSAs) and healthcare Lien Resolution, is pleased to announce the addition of Richard Bays as a Legal Nurse Consultant and Future Medical Specialist. In his new role, Richard will lead MASSIVE’s allocation team for Medicare Set-Asides (MSAs) and Medical…

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What is a “Non-Submit” or “Evidence-Based” MSA?

Medicare Set-Asides are a specialized product where Medicare has set forth a special process. The general idea is that an MSA will pay for medical care related to sued-for injuries so that Medicare doesn’t pay. But what happens when the MSA industry decides it wants to cut Medicare from the approval process?    Medicare says…

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Medicare Suggests LMSAs and NFMSAs are on the Horizon. Again.

Medicare via HHS/CMS has once again put us on notice that Medicare Set-Asides may expand to liability and no-fault scenarios with LMSAs and NFMSAs. It recently released a Notice of Proposed Rule Making with a due date of February 2022. You can find the NPRM here.   Could that mean CMS will finally create rules…

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Medicare Set-Aside Basics

Medicare Set-Asides (or “MSAs”) are a construct created because the Medicare Secondary Payer Act makes it illegal for Medicare to pay for case-related treatment. Of course, this is limited to circumstances where a primary payer exists, such as a Workers’ Compensation carrier, a No-Fault carrier, or a liability defendant. But MSAs don’t exist under the law. They…

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MSAs and Reversionary Interests

Doctor with Stethoscope

Workers Compensation attorneys know the biggest trend in MSAs has little to do with the MSA itself. That trend, of course, is the reversionary interest that says unused funds will revert to the insurance carrier’s control if the claimant/plaintiff passes away. So what does Medicare think of reversionary interests?   Nothing.   Medicare has no…

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MASSIVE’s Ryan Weiner Speaking at the MSA Roundtable during KTLA’s Workers Compensation Section

Ryan Weiner, COO of MASSIVE, will be presenting at the Medicare Set-Asides Roundtable on Friday, December 10, 2021, from 2:30 – 3:30 p.m. (CST).    Key content to be discussed at the Medicare Set-Asides Roundtable includes:  The Do’s and Don’ts of MSAs and EBMSAs  How to protect the Client on a MSA Proposal  30-minute Q & A Session    Attendees must register and be a member of the KTLA Workers Compensation Section. 

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