Medicare Set-Asides
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…
Read MoreWhy 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…
Read MoreMedicare 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?…
Read MoreDon’t Miss Ryan Weiner, Esq. Tomorrow July 14 at the 2022 WILG Northwest Regional Conference!
The 2022 WILG Northwest Regional Conference features MASSIVE’s COO, Ryan Weiner, Esq. as one of the speakers. Ryan is presenting “What the Law Says About MSAs” on July 14 at 2:45 p.m. (PT) and will discuss the complexities of NSMSAs and EBMSAs and offer tips on how to best navigate Medicare Set-Asides. Key content…
Read MoreWhat 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…
Read MoreWhat Does the Gallardo v. Marstiller Decision Mean for Medicaid Recovery?
The Supreme Court released its opinion in Gallardo v. Marstiller on June 6, 2022. Many commentators suggest the Supreme Court decision in Gallardo will change the way Medicaid recovery works forever. We have seen comments that Ahlborn allocations are now impossible. We have seen comments that this case means Medicaid Set-Asides exist now. And, we…
Read MoreMedicare’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…
Read More2022 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.…
Read MoreCMS 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…
Read MoreThe New Rules of 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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