Medicare Set-Asides
What 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…
Read More2022 WILG Longshore Conference
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…
Read MoreMASSIVE 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…
Read MoreWhat 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…
Read MoreMedicare 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…
Read MoreMedicare 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…
Read More