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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MASSIVE’s Ryan Weiner, Esq. to present at the 6th Annual MSP Conditional Payment Forum July 11-13, 2022

Ryan Weiner, COO of MASSIVE and long-time authority on liability, no-fault, and workers’ compensation conditional payments, is presenting at the virtual 6th Annual Medicare Secondary Payer Conditional Payment Forum on July 12 at 11:55AM EST. Ryan will be discussing conditional payments resolution in no-fault claims.   Key content to be discussed includes:  Identify if the…

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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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MASSIVE Completely Resolves Medicare Lien for Connecticut Plaintiff

A Connecticut man received a delayed diagnosis of parotid cancer. This is an aggressive form of cancer and can be terminal. However, if caught early, life expectancy can be prolonged with early intervention.   MASSIVE’s experts established that the treatment on his lien was medically necessary for the plaintiff’s cancer care and would have occurred…

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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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Avoiding Multiple and Duplicate Medicare Files

Medicare can and will open multiple files for a plaintiff’s motor vehicle accident case or workers’ compensation case. In those scenarios, that process is usually correct. In turn, Medicare might open multiple files for a plaintiff’s medical malpractice or other liability case. In this scenario, we think Medicare’s file is probably a duplicate. How do…

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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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