CMS Recovery Thresholds Create Safe Harbor

CMS has maintained Medicare lien minimum recovery thresholds for the fourth straight year. These minimum settlement amount recovery thresholds essentially create a safe harbor for the smallest of settlements (except if those settlements are exposure-based injuries). You can find that CMS alert here.

Here are some highlights:

  • Plaintiffs need not report settlements less than $750;
  • CMS will not attempt collection for Medicare liens less than $750; and,
  • Defendants and Insurers need not report settlements less than $750 through mandatory insurer reporting.

CMS’s recovery threshold rule applies only to physical trauma-based settlements, workers’ compensation settlements, and no-fault insurer settlements. Exposure settlements of any amount (for example, Asbestos settlements) still must be reported to Medicare.

At MASSIVE, we’re ready to assist on all those settlements larger than $750 – whether it is for Medicare Liens, Medicaid Liens, ERISA Liens, or any other Health Insurance Lien.