On April 24, 2023 The Centers for Medicare and Medicaid Services (CMS) posted guidance for use in determining amounts to be set aside in workers’ compensation settlements based on life expectancy.

Beginning April 29, 2023, CMS will utilize the CDC’s “Table 1: Life Table for the total population: United States, 2020” for the Workers’ Compensation Medicare Set Aside life expectancy calculations. A link to the CDC’s 2020 Life Tables can be found here

This guidance relies on Table 1, which may or may not align with the life expectancy accepted under state workers’ compensation laws and may differ from the life expectancy in individual claims based on specific medical history and conditions unique to the claimant.

UWC continues to advocate for federal legislation that would clarify that workers’ compensation law should determine the amounts to be set aside and the life expectancy that should apply to individuals workers’ compensation claimants instead of a national one size fits all approach that is not based on the applicable workers’ compensation law.

See Centers for Medicare & Medicaid Services posting at What’s New | CMS