On June 11, 2021, the Biden administration released its Spring 2021 listing of plans for regulations. The plans include regulations to address Medicare Secondary Payer issues in workers’ compensation settlements. See View Rule (reginfo.gov)
| HHS/CMS | RIN: 0938-AT85 | Publication ID: Spring 2021 |
| Title: Medicare Secondary Payer and Future Medicals (CMS-6047) | |
| Abstract: This proposed rule would clarify existing Medicare Secondary Payer (MSP) obligations associated with future medical items services related to liability insurance (including self-insurance), no fault insurance, and worker’s compensation settlements, judgments, awards, or other payments. Specifically, this rule would clarify that an individual or Medicare beneficiary must satisfy Medicare’s interest with respect to future medical items and services related to such settlements, judgments, awards, or other payments. This proposed rule would also remove obsolete regulations. | |
| Agency: Department of Health and Human Services(HHS) | Priority: Economically Significant |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
| Major: Yes | Unfunded Mandates: No |
| CFR Citation: 42 CFR 405 42 CFR 411 | |
| Legal Authority: 42 U.S.C. 1395y(b) | |
| Legal Deadline: None | ||||||
Timetable:
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| Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
| Federalism: No | |
| Included in the Regulatory Plan: No | |
| RIN Data Printed in the FR: No | |
| Related RINs: Related to 0938-AR43 | |
| Agency Contact: Jacqueline Cipa Deputy Director, Division of MSP Program Operations Department of Health and Human Services Centers for Medicare & Medicaid Services Office of Financial Management, MS: C3-14-16, 7500 Security Boulevard, Baltimore, MD 21244 Phone:410 786-3529 Email: jacqueline.cipa@cms.hhs.gov |
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UWC is continuing advocacy for clarification on the issue of set-asides in workers’ compensation settlements. We support legislation introduced by Senators Portman and Cardin (S 653) and Representative Mike Thompson (HR 3124).
