Month: March 2020

Tower is Here to Help

March 24, 2020

Overhead image of people working at a conference table overlaid with type reading "we are here to help"

I hope you, your family and coworkers are safe and, like all of us, learning to adjust to a new personal and work environment in this worldwide effort to control the spread of coronavirus.  We realize that Medicare Secondary Payer compliance is not the most important matter in life right now, even for Tower which normally lives and breathes MSAs and conditional payments. 

Tower realizes that people continue to work, some remotely for the first time.  This work transition itself presents unique challenges and uncertainties let alone the changes to our personal lives.

We are here to help.  When the need arises, Tower will be there for you, promptly and securely with the care, concern and expertise we apply to every customer matter (Please see below regarding our secure referral process).

Please keep safe.

Sincerely,

Rita Wilson
Chief Executive Officer
Tower MSA Partners

Secure electronic referrals: If you previously mailed referrals or referral documentation to Tower, but cannot do so as you are now working remotely, referrals and the transmittal of documentation can be made through our TowerConnect Portal. Please contact us at (888) 331-4941 or referrals@towermsa.com and we will provide you a username and password to log in to the portal. You can also make referral here and we will send you a username and password.

Once you log in to the TowerConnect Portal, you will be directed to enter a phone number to receive a code via SMS or phone call for verification. Additionally, you can download Duo Mobile to your phone to allow you to receive a “push” notification to easily authenticate. You can register your device to allow for the Duo push. More information is available here: https://guide.duo.com/enrollment. Your device can be remembered for up to 7 days.

CMS’s Revised Consent to Release Form Becomes Mandatory April 1

March 18, 2020

illustration of Revised Consent to Release form signing

As of April 1, 2020, submissions of Workers’ Compensation Medicare Set-Asides (WCMSAs) must include CMS’s revised Consent to Release form.  The form indicates that the need and process for the WCMSA have been explained to the injured worker, and that the injured worker has approved the contents of the submission, including the allocated funds.

First announced with the release of an updated WCMSA Reference Guide on October 10, 2019 (Version 3.0), the revised consent must include the following language:

Further, I have had the Workers’ Compensation Medicare Set-Aside Arrangement need and process explained to me, and I approve of the contents of the submission.

Beneficiary Initials: ____

A copy of the revised consent to release can be found here.

Practical Implications

If the claimant is represented by an attorney, the attorney will typically explain why an MSA is needed in settlement of their WC case.  If not represented, this responsibility may fall to the adjuster or defense attorney.

CMS provides resources to assist with the MSA explanation in both the WCMSA Reference Guide and the Self-Administration Toolkit.  Additionally, for professionally administered MSAs, our partner Ametros provides general information as well as individual consultation to walk the injured worker through how the MSA will work post-settlement.

As mentioned above, the revised consent requires the claimant to approve the contents of the MSA submission.  While a review of the MSA report alone by the claimant or their attorney may be enough to obtain the beneficiary’s approval, if the injured worker requires additional documentation prior to their approval, Tower will provide it.

Finally, keep in mind, consent without the revised Consent to Release language will no longer be valid as of April 1.  Consequently, Tower may provide a revised consent form to be executed by the claimant prior to submission or resubmission of the MSA to CMS.

If you have any questions please contact Tower’s Chief Compliance Officer, Dan Anders, at (888) 331-4941 or daniel.anders@towermsa.com.

Meloxicam’s Price Drop – Good News for MSAs

March 16, 2020

Prescription drug bottle to illustrate Meloxican's price drop

Our Chief Compliance Officer Dan Anders’ blog post on the huge price drop of Meloxicam prompted a WorkCompCentral article, quoting Dan.  Previously priced at $4.25 per pill for 15 milligrams, it’s now 5 cents per pill.  Over a 20-year life expectancy of an injured worker taking 15 milligrams a day, the old price meant an MSA allocation of $30,000. With the reduced price, that allocation would be $300.  For details, see http://bit.ly/2IHjYwn (subscription required).

Significant Drop in Meloxicam Price Yields MSA Reductions

March 11, 2020

white prescription pills spilling out of an orange pill container - illustrating Drop in Meloxicam Pricing post

The price of the non-steroidal anti-inflammatory (NSAID) Meloxicam took a major nosedive from $2.78 per pill to $0.05 per pill for 7.5 mg and $4.25 to $0.05 for 15 mg.  Meloxicam (Brand name: Mobic) is commonly used to treat osteoarthritic pain and is frequently allocated in WC claims and MSAs.  This is the medication’s first price reduction in more than a decade.

Tower Actions

Tower will contact our clients to report any non-CMS-approved MSAs where we identify an allocation for Meloxicam and qualify for a revision.  You can also contact us immediately to determine whether a particular MSA qualifies for a reduction.  Revisions to the MSA can be done now or prior to MSA submission to CMS, if needed. 

Please contact Dan Anders at Daniel.anders@towermsa.com or (888) 331-4941 with questions.

Tower’s Dan Anders Comments on NY Ban on Hold-Harmless Clauses in Settlement Agreements

March 6, 2020

Dan Anders who was quoted in the Claims Journal

New York Workers’ Compensation Board recently issued a bulletin indicating it will not approve settlements requiring injured workers to indemnify or hold insurers harmless if Medicare demands future reimbursements. Tower’s Chief Compliance Officer Dan Anders said the board may be responding to a growing trend of MSAs and settlements that are not submitted to Medicare for review. See WorkCompCentral’s coverage here (subscription required)

Business Insurance: Insurers could face stiff MSP penalties

March 3, 2020

bullhorn illustration alerting you to avoid reporting penalties

Business Insurance’s Angela Childers examined CMS’s proposed rules for Section 111 Mandatory Insurer Reporting penalties in this Feb. 26 article.  She quoted Tower’s Chief Compliance Officer Dan Anders on the severity of the possible $1,000 per-day-per-claim penalty for not reporting MSP data or not reporting it with sufficient accuracy. You don’t want to face a $365,000 or more penalty. See Dan’s post for proposal details and contact him at Daniel.anders@towermsa.com for direction on how to submit comments and prepare for the impending penalties.

Cybersecurity Threats & You

ominous figure embedded in coding to illustrate cybersecurity threats

Many businesses don’t think a data breach will happen to them; small businesses especially assume they’re too small to attack. However, Tower’s Feb. 19 cybersecurity webinar featured a survey that showed that 11% of very small businesses and 44% of midsized organizations experienced a data breach in the last 12 months.  A quarter of these companies had to file for bankruptcy, 10% went out of business entirely. See Nancy Grover’s excellent coverage of the webinar for workerscompensation.com.  And, you can watch the webinar at Tower’s webinar.