CMS Releases New Memorandum Providing Guidance on Exception to Liability Medicare Set Aside
On September 30, 2011, CMS issued a new memorandum concerning liability Medicare set-aside arrangements. The memorandum states that Medicare’s interests will have been considered in a liability insurance settlements and awards if the treating physician for the plaintiff opines in writing that:
- the plaintiff has completed treatment by the date of the settlement:
- future medical services or items will no longer be required.
If these conditions are satisfied then CMS considers its interests as to future medicals satisfied as to that particular settlement. The physician’s certification does not need to be submitted to CMS. Moreover, CMS will not provide confirmation that its interests have been satisfied.
If you would like a copy of this memorandum as well as the second September 30, 2011 CMS memorandum concerning the implementation dates for reporting, contact our office.
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