Legacy Claim Solutions

CMS Considers Expanding MSA Review Process to Include LMSAs

The Centers for Medicare and Medicaid Services (CMS) released a statement on its website indicating it is considering an expansion of its voluntary Medicare Set Aside (MSA) review program to include “the review of proposed liability insurance (including self-insurance) and no-fault insurance MSA amounts.”  While nothing is imminent for now, CMS did state that they will seek opinions from the community stakeholders on how best to implement this possible expansion. 

Legacy Claim Solutions will certainly continue to monitor this development and release updates on our blog and social media outlets as they become available.


Medicare’s Commercial Repayment Center Doubles Collections in 2015

The Commercial Repayment Center (CRC), the national contractor enlisted by the Centers for Medicare and Medicaid Services (CMS) to identify and recover payments mistakenly made by Medicare, doubled its collections in FY2015 from Group Health Plans (GHPs) according to its latest report to Congress.  Medicare may make a payment for medical treatment when the insurance information for the plan that should pay first is unknown.  These payments are commonly referred to as conditional payments.  In those instances, CMS will seek reimbursement for the payments they made on behalf of the Medicare beneficiary.

In FY2015, the CRC identified over $290 million in conditional payments, and collected nearly $150 million of that back on behalf of the Medicare program.  All of the CRCs work to date has focused on GHP recovery efforts, however in FY2016, their efforts will expand into Non-Group Health Plans (NGHPs) which include liability, no-fault, and workers’ compensation plans.  While a process has always been in place to collect from NGHPs, it can be reasonably assumed that these collection efforts will be much more aggressive and efficient in 2016.  Primary NGHP payers should be prepared to properly address the efficiency of these new collection efforts.

Other highlights of the report include:

  • The nearly $150 million dollars in net collections represents an increase of nearly 150% in collections over the previous fiscal year.
  • Taking into account contractor administrative costs totaling over $24 million, CMS received a return of over $125 million to the Medicare trust fund as a result of the CRCs collection efforts in FY2015.
  • The CRC introduced the Commercial Repayment Center Portal, which is a web-based tool that gives debtors a method to electronically manage their debt identification and repayment processes.

To read the report in its entirety, please click here.


NAMSAP Proposes Evidence-Based Limits on Opioids for WCMSAs

Last month, the National Alliance of Medicare Set Aside Professionals (NAMSAP) proposed evidence-based limits on opioids for Workers’ Compensation Medicare Set Aside Arrangements (WCMSA).  In a statement that has received universal support within the Medicare Secondary Payer (MSP) Compliance industry, NAMSAP has asked the Centers for Medicare and Medicaid Services (CMS) to cap the costs that have been set aside for future opioid expenditures, which will ultimately reduce the long term use of these medications.

Legacy Claim Solutions’ own Greg Gitter, currently serving as Treasurer on NAMSAP’s Board of Directors, feels this proposal is a huge first step for successful outcomes for both the insurance community and the injured workers.

“Prolonged use of these types of medications has been shown to have detrimental effects on an injured worker’s long term health,” said Gitter.  “Additionally, the costs associated with their extended use are not conducive to mutually beneficial settlements.  These guidelines, if adopted, would promote amicable resolutions which will free the injured workers’ from the workers’ compensation system, and start them down the path to a better life.”

To read the official NAMSAP press release, please click here.