CMS has signaled its intent to expand its voluntary WCMSA review program to liability. While a liability review policy has yet to be announced, CMS has made clear it expects the burden of post-settlement medicals should not be shifted to the Medicare program. However, the measures settling parties must take to consider Medicare’s interests in these future medicals is anything but clear. Given the lack of guidance, how should liability parties address this issue so as to not run afoul of Medicare?

White Paper: Navigating Through the Fog: Medicare, Future Medicals & Liability Settlements

To provide background and guidance on Medicare Secondary Payer considerations in liability settlements–particularly future medicals–Tower has published a White Paper entitled, Navigating Through the Fog: Medicare, Future Medicals & Liability Settlements. In this paper, Tower Chief Compliance Officer, Dan Anders, Esq., provides:

• Background on the incremental process CMS has taken in regard to a LMSA review policy,
• Explanation of CMS authority to implement a LMSA review program, and
• Guidance to settling parties on considering Medicare’s interests in future medicals at time of settlement and whether an LMSA is appropriate.

Liability Settlement Solutions

In addition to the White Paper, Tower provides a full suite of Liability Settlement Solutions for insurers, claimants and attorneys, both plaintiff and defendant:

• Medicare Conditional Payment Investigation, Dispute and Resolution
• Medicare Advantage Plan Investigation, Dispute and Resolution
• Social Security Disability Verification/Medicare Entitlement Search
• MSP Compliance Opinion Letter
• Liability Medicare Set-Aside (LMSA) Report
• Medical Cost Projection
• Life Care Plan

Our compliance consultants are available to help alleviate the uncertainty and risks surrounding future medicals and Medicare. We will analyze your claim, recommend the best approach and implement the most effective settlement solution.

If you have any questions, please contact Dan Anders, Chief Compliance Officer, at 888.331.4941 or daniel.anders@towermsa.com.