The Federal Government has opened a 60 day window (ending August 14, 2012) to hear comments and suggestions on proposed standardized options for how "primary payers", including insurance companies, self-insureds, plaintiff attorneys and TPAs, should handle the issue of "future medicals" in settlements involving Medicare eligible parties. The request for comments is not exclusive to liability cases, even though that is where much of the confusion and desire for more guidance currently lies.

The fact that CMS has published potential guidance options and is requesting comments further solidifies the fact that (1) the MSP clearly applies in liability cases and (2) parties must reasonably consider Medicare's interests when settling cases with future medicals. We have been pressing for further guidance from CMS to provide more certainty in settlements, and we are concerned as to what the final guidance will be. This is our opportunity, as well as yours, to help shape future government regulation on an issue that affects all of us. We strongly encourage you to submit your comments and ideas to determine the future of MSP compliance.

CMS recently released the "Advanced Notice of Proposed Rulemaking" on this topic, which outlines seven proposed options for handling future medicals. You can read the text by clicking on the link in the box below.

Read the Text of The Notice and Submit Comments Electronically.

Submit Comments By Mail:

Centers for Medicare & Medicaid Services
Department of Health and Human Services
Attention: CMS-6047-ANPRM
P.O. Box 8013
Baltimore, MD 21244-8013