The coalition supporting legislation to improve administration of Medicare with Workers’ Compensation (S 3079) which was introduced in the Senate on June 18th applauds the introduction of the Medicare Secondary Payer and Workers’ Compensation Settlement Agreements Act in the House by Representatives Dave Reichert (R-WA) and Mike Thompson (D-CA) . The proposed legislation (HR 6619) would provide for improved administration of Medicare in conjunction with settlements in workers’ compensation cases and is the companion to S 3079.

The legislation seeks to

  • Establish clear criteria in the determination of amounts to be set-aside in workers compensation settlements;
  • Create legal certainty in determining  the amounts to be included in set-asides and that workers’ compensation laws are appropriately followed;
  • Provide a right of appeal  to CMS determinations for parties to workers’ compensation settlements; and
  • Provide an optional direct payment of set-aside amounts to Medicare to speed payments, increase revenue for Medicare, and provide certainty for injured workers.

The coalition for Medicare Secondary Payer (MSP) reform includes representatives of injured workers and workers’ compensation payers, and has been working for improvements in the processes and procedures used by CMS to review workers’ compensation settlement agreements.

“Support for this legislation is growing with the introduction of HR 6619. This legislative proposal will provide clear and consistent standards for CMS administrative process,” said Douglas Holmes, President of UWC- Strategic Services on Unemployment and Workers’ Compensation (UWC) and coordinator of the Coalition for Medicare Secondary Payer (MSP) Reform. We are pleased to now see introduction of legislation in both houses that would provide the improvements needed, said Holmes.