Ryan Weiner, COO of MASSIVE, Presenting at 2022 WILG Annual Convention

Ryan Weiner, Esq., MASSIVE’s COO and experienced lien resolution attorney, joins other industry experts to present at the 2022 Annual Convention. Ryan and the panel will be discussing Medical Liens, Medicare Set-Asides (MSAs), and Administration, along with a Q&A session at 2:15 p.m. (MST) on Friday, September 30.   Be sure to register for the…

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Why Private Insurance isn’t a Replacement for MSAs

Medicare Set-Asides (MSAs) are not required by law. Rather, MSAs are designed to prevent Medicare from paying for case-related care after a settlement. But wait, doesn’t other insurance prevent Medicare from paying for that future medical care too?   It does. If it will pay.   Many health insurance plans will not cover case-related care…

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Medicare Set-Asides: How Do You Know Your MSA is Enough?

Medicare Set-Asides (“MSAs”) are not a legally required tool. But they have significant value in protecting funds that will pay for an injured-person’s post-settlement, future medical care. These funds are necessary because 42 USC 1395y makes it illegal for Medicare to cover that medical care. But how can you be certain your MSA is enough?…

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What the Law Says About MSAs

Medicare Set-Asides are never discussed in any United States’ statute.   Even the term “protect Medicare’s interest” isn’t in the Medicare Secondary Payer Act. That term comes from a 2005 “Q&A Memorandum” from CMS. So, what does the law say?   42 USC 1395y(b)(2)(A) states that Medicare may not make payment for case-related care if…

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Medicare’s Anti-NSMSA and EBMSA Stance

Medicare does not consider Non-Submit Medicare Set-Asides (NSMSAs) or Evidence-Based Medicare Set-Asides (EBMSAs) as true MSAs. Its announcement came in January with a surprise WCMSA Reference Guide 3.5 release (a new version 3.6 now exists). This surprise includes Section 4.3 which states, “CMS treats the use of non-CMS-approved products as a potential attempt to shift…

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2022 WILG Northwest Regional Conference

As a WILG Gold Level Affinity Partner, MASSIVE looks forward to connecting with our fellow members and participating in the WILG Northwest Regional Conference in Seattle, July 14-16, 2022.   MASSIVE’s COO, Ryan Weiner, Esq. will be presenting the complicated topic “What the Law Says About MSAs” on July 14 from 2:45 – 3:30 p.m.…

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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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