The Centers for Medicare and Medicaid Services Have Withdrawn a Notice of Proposed Rule Making Concerning Future Medicals, Parker Waichman LLP Comments

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The withdrawal leaves open final decisions on how to handle liability claims in which Medicare may be involved as a payer.

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“CMS has not released significant guidance on further medical expenses concerning certain liability claims, which has extended or stopped settlements,” said Gary Falkowitz, Managing Attorney for Parker Waichman LLP.

Parker Waichman LLP, a national law firm dedicated to protecting the rights of consumers, notes that a Notice of Proposed Rule Making (NPRM) concerning a future medicals rule was withdrawn on October 8, 2014 from the Office of Management and Budget by the Centers for Medicare and Medicaid Services (CMS), the American Association for Justice (AAJ) announced on October 13, 2014. The rule’s purpose was to address how future Medicare interests should be protected in the event of settlements for future medical care to Medicare beneficiaries under the Medicare Secondary Payer (MSP) Act ((42 U.S.C. § 1395y(b)(2)).

“Medicare Secondary Payer and Future Medicals” proposed rule (CMS6047-P) would have announced the CMS’ plan concerning the means that beneficiaries and representatives might use to protect Medicare when faced with MSP claims. Such claims may involve automobile and liability insurance, including self-insurance; no-fault insurance; and workers' compensation in which subsequent medical care is “claimed or the settlement, judgment, award, or other payment release (or has the effect of releasing) claims for future medical care,” according to The Federal Register (Unified Agenda 0938-AR43 current as of Spring 2014).

“CMS has not released significant guidance on further medical expenses concerning certain liability claims, which has extended or stopped settlements,” said Gary Falkowitz, Managing Attorney for Parker Waichman LLP. “We continue to seek clarity from Medicare on how to address future medicals in liability claims in which Medicare is a potential payer.”

While the MSP laws require Medicare to be the secondary payer in both pre-and post-settlement liability claims, some confusion remains concerning when and how to consider Medicare’s future interests in these cases, notes Parker Waichman LLP.

“Confusion regarding MSP law and liability claims involving Medicare is long known and has led to differing opinions on if Liability Medicare Set-Aside Arrangements are mandated under the law,” said Gary Falkowitz.

If you have been injured and are pursuing a liability claim that may include Medicare benefits, please visit http://www.yourLawyer.com for more information. Free case evaluations are also available by calling 1(800) LAW-INFO (1-800-529-4636).

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