Update on Liability MSAs: When, Not If

CMS is finally, officially, directly acknowledging that Liability Medicare Set-Aside Arrangements (LMSAs) are coming. Guidance is due. Medicare’s Change Request 9893  and its MLN Matters bulletin on the subject was revised on June 8, 2017. That revision includes the clearest statement that Medicare liens are just part of the puzzle.

The newest piece to that puzzle states, “CMS will establish (2) new set-aside processes: a Liability Medicare Set-aside Arrangement (LMSA), and a No-Fault Medicare Set-aside Arrangement.”

The initial version of this Change Request was published on February 3, 2017 and focused on what we considered Step 2 of the LMSA Process.  This revised version is the beginning of Step 1: CMS directives on how and when to establish an LMSA. As we wait for those directives of “how” and “when,” attorneys on both sides must start preparations. Do you have a plan for LMSAs? Do you prepare LMSAs now? Do you consider whether your settlement even includes payment for future medicals?

Start asking these questions. If you aren’t certain your answer is enough, reach out to Medicare experts. You can obtain LMSA Opinion Letters stating whether or not you need an LMSA. You can have LMSA’s prepared now that fairly assess future medicals without taking the net settlement from the plaintiff.

Just start preparing – October 2: LMSA guidance is coming. LMSA’s are coming too.

If you would like to consult with a Medicare expert, give us a call at 844 MED LIEN for your free consultation.