Updated Time Frame for Future Medical Proposed Rule Making

Pursuant to the notification issued on the Office of Information and Regulatory Affairs OMBt website, the proposed rule to address future medicals in liability, no-fault and workers’ compensation cases has been pushed for release to August 2020. The proposed rule entitled Miscellaneous Medicare Secondary Payer Clarification and Updates (CMS-64047) was originally scheduled for release in September 2019, has been delayed on multiple occasions.  The abstract of the proposed rule states as follows:

This proposed rule would clarify existing Medicare Secondary Payer (MSP) obligations associated with future medical items services related to liability insurance (including self-insurance), no fault insurance, and worker’s compensation settlements, judgments, awards, or other payments.  Specifically, this rule would clarify that an individual or Medicare beneficiary must satisfy Medicare’s interest with respect to future medical items and services related to such settlements, judgments, awards, or other payments.  This proposed rule would also remove obsolete regulations.

NuQuest will continue to monitor when and if the proposed rule will be issued by CMS to address future medicals for these various types of claims.  The industry is also waiting for the CMS response to comments issued on the Section 111 Proposed Rule issued by CMS in February 2020.  Should you have any questions regarding this alert or for any of your Medicare compliance needs, please contact the NuQuest Settlement Consulting team at SettlementConsultants@mynuquest.com

You can view a copy of the CMS Alert here.