New WCMSA Reference Guide

Header Image: The word Update written in chalk on a chalkboard with a hand holding a clock in front of it.

CMS has issued an updated Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) Reference Guide, Version 3.4. The Guide has several minor changes including CMS’s focus on the receipt of appropriate settlement documents for the approval of the WCMSA. 

Specifically, in Section 10.5 and in various sample letters in Appendix 5, CMS notes that “approval of the WCMSA is not effective until a copy of the final executed WC settlement agreement, which must include the funding information for the WCMSA amount, is received by CMS.” The language was added to ensure settling parties are aware of the obligation to include this information as part of the settlement agreement. CMS has continually stressed the importance of this step in the final approval process and this sentiment was echoed by CMS leadership at a recent industry conference. 

In addition to the above, CMS has also changed all references to to to align with changes made on the site. 

If you have any questions regarding the above, please contact the Settlement Consultant Team at [email protected].