Workers’ Compensation

/Tag:Workers' Compensation

CMS Releases New Procedure to use Portal for Prescription Drug Valuation for WC MSAs

By | 2014-10-08T03:03:08+00:00 October 6th, 2014|Categories: Uncategorized|Tags: |

In a web site release on September 22nd  CMS announced plans to provide for a portal system procedure to provide valuation of prescription drugs for purposes of WCMSAs. The policy may be accessed at http://www.cms.gov/Medicare/Coordination-of-Benefits-and-Recovery/Workers-Compensation-Medicare-Set-Aside-Arrangements/Whats-New/Downloads/Upcoming-Enhancement-WCMSAP-for-PD-Information.pdf As of October 6, 2014, portal users will be able to enter information on the new Prescription Drugs page for any [...]

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CMS To Permit Flexibility in Section 111 SSN Reporting

By | 2014-10-08T02:58:14+00:00 October 6th, 2014|Categories: Uncategorized|Tags: |

The Centers for Medicare and Medicaid Services (CMS) in an alert posted to its web site on September 10th  released new policy effective January 5, 2015 that provides increased flexibility to employers and WC plan administrators to submit Section 111 reports to CMS. The alert responds to Section 204 of the Strengthening Medicare and Repaying Taxpayers [...]

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Senate Passage of TRIA Extension Puts Pressure on House

By | 2014-07-24T17:48:10+00:00 July 24th, 2014|Categories: Uncategorized|Tags: |

The US Senate today passed legislation to extend the Terrorism Risk Insurance Act by an overwhelming bi-partisan vote of 93 -4 with 3 not voting.  The bill, S 2244, may be found at http://www.gpo.gov/fdsys/pkg/BILLS-113s2244rs/pdf/BILLS-113s2244rs.pdf. The Terrorism Risk Insurance Program Reauthorization Act of 2014 amends the Terrorism Risk Insurance Act of 2002 to extend the Terrorism Insurance [...]

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Obama FY 2015 Budget Includes Funding for TRIA Extension, Addresses Worker Misclassification Issues

By | 2014-04-01T17:59:32+00:00 March 12th, 2014|Categories: Uncategorized|Tags: |

In addition to issues related to access to workers’ compensation information by SSA, FECA Reform, and increased DBA monitoring, that I noted in my e-mail on March 7th, the budget also includes funding for an extension of TRIA in some form and increased monitoring of misclassification of workers for workers’ compensation. See the budget language below. [...]

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UWC Files Comments on CMS Proposed Rules for Appeal of MSP Conditional Payment Determinations

By | 2014-03-04T17:29:04+00:00 February 21st, 2014|Categories: Uncategorized|Tags: |

The Centers for Medicare and Medicaid Services (CMS) on December 27, 2013 published proposed rules with respect to the Right of Appeal for Medicare Secondary Payer Determination Relating to Liability Insurance (including Self-Insurance), No Fault Insurance, and Workers’ Compensation Laws and Plans. The proposed rules may be found at http://www.gpo.gov/fdsys/pkg/FR-2013-12-27/pdf/2013-30661.pdf#! and provide for comments to be [...]

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CMS Issues Second Alert Clarifying $1,000 Reporting and Conditional Payment Recovery Amount Threshold for Liability Only

By | 2014-02-21T17:41:25+00:00 February 19th, 2014|Categories: Uncategorized|Tags: |

In conjunction with the alert report for February 18th, CMS provided additional clarification that the change in Threshold is  limited to physical trauma-based liability insurance settlements.  (Note: This threshold does not apply to settlements for alleged ingestion, implantation or exposure cases.) The  new threshold is effective immediately. This means that physical trauma-based liability settlements of $1000 [...]

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CMS Issues Alert Setting $1,000 Reporting and Conditional Payment Recovery Amount Threshold for Liability MSP – Questions Remain

By | 2014-02-21T17:38:33+00:00 February 18th, 2014|Categories: Uncategorized|Tags: |

On February 18, 2014, CMS issued an alert indicating that it could set a threshold under which liability settlements would no longer need to be reported to CMS under MMSEA Section 111 and also would not require conditional payment reimbursement under the MSP. A copy of the alert can be found here. Unfortunately, the Alert raises [...]

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CMS Seeks Comments on Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) Re-review Proposal

By | 2014-02-18T19:26:24+00:00 February 12th, 2014|Categories: Uncategorized|Tags: |

The Centers for Medicare and Medicaid Services (CMS) announced on February 11th that it is seeking comments on the manner in which CMS plans to expand the Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) re-review process. See : http://www.cms.gov/Medicare/Coordination-of-Benefits-and-Recovery/Workers-Compensation-Medicare-Set-Aside-Arrangements/Downloads/WCMSA-Re-review-Expansion.pdf.  Currently, CMS has a limited re-review process for WCMSA amounts that can be used in situations where CMS [...]

UWC Submits Comments on Section 111 Civil Money Penalties Rules

By | 2014-02-21T18:01:18+00:00 February 10th, 2014|Categories: Uncategorized|Tags: |

In response to the Advance Notice of Proposed Rulemaking (ANPRM) at http://www.gpo.gov/fdsys/pkg/FR-2013-12-11/html/2013-29473.htm, UWC submitted comments to the Centers for Medicare and Medicaid Services (CMS). Attached are the complete comments. The primary points of the comments are summarized below. Comments Congress clearly indicated that civil money penalties were not to be imposed in all cases as a [...]

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