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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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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