Legislation supported by UWC and a coalition of stakeholders in workers’ compensation has been introduced to address the need for clarification when there are workers’ compensation settlements involving employees who are also Medicare eligible. The appropriate determination of amounts to be paid under the applicable workers’ compensation law and Medicare has been an issue for many years without specific legislative or regulatory definition.

UWC supports this legislation introduced by Congressmen Mike Carey and Mike Thompson.

The press release below identifies the features of the bill that will assist in clarification for Workers’ Compensation Set Aside arrangements.

COALITION APPLAUDS THE INTRIODUCTION OF BI-PARTISAN LEGISLATION SPONSORED BY CONGRESSMEN MIKE CAREY AND MIKE THOMPSON TO IMPROVE THE ADMINISTRATION OF MEDICARE WITH WORKERS’ COMPENSATION

February 15, 2024 – A coalition representing a diverse group of stakeholders supports the introduction today of the “Coordination of Medicare Payments and Workers’ Compensation Act” or the “COMP Act”. The bi-partisan legislation introduced by Representatives Mike Carey (R-OH) and Mike Thompson (D-CA) seeks to clarify the law and payments to be made to workers’ compensation claimants who are also Medicare eligible.

“The ‘Comp Act” will provide clear and consistent definitions for the Centers for Medicare and Medicaid Services (CMS)” said Douglas Holmes, President of UWC- Strategic Services on Unemployment and Workers’ Compensation (UWC).

A legislative solution is necessary to clarify the set-aside process and to provide options for claimants, employers, and workers’ compensation plans who are parties to workers’ compensation settlements. The proposed statutory amendments establish a predictable, efficient process while also providing reasonable protection for injured workers and Medicare.

  • The proposal would:
    • Create certainty in determining the amounts to be included in set-asides.
    • Provide an appeals process for parties to CMS determinations.
    • Increase revenue to Medicare through optional direct payment of the total amount of the set-aside to be paid to Medicare.

The proposal will benefit injured workers, employers, insurers, and Medicare. It creates a system of certainty and allows the settlement process to move forward while eliminating millions of dollars in administrative costs that harm workers, employers (especially small business), insurers, and CMS.

Contact: Douglas Holmes
(614) 805-2208
holmesd@UWCstrategy.org