07 Dec MSP Compliance Alert: Newsletter Volume 7
CMS has published an important memorandum dated September 29, 2011 to provide information regarding Liability Medicare Set-Aside arrangements (LMSA) related to liability insurance (including self-insurance) settlements, judgments awards or other payments (“settlements).
When the plaintiff’s treating physician certifies in writing that treatment for the alleged injury related to the liability insurance “settlement” has been completed as of the date of settlement, and that future medical items and/or services for that injury will not be required, CMS/Medicare considers its interest, with respect to future medicals for that settlement “satisfied”.
**** Please note you cannot use this if your case has a Workers Compensation component
**** And you cannot claim the damages for future medicals in negotiation and then post settlement claim there is no future anymore