A Lack Of Guidance Is Causing Confusion In Workers’ Comp Liability Claims

Thursday, February 28th, 2019 Liability Litigation Risk Management Workers' Compensation

The Centers for Medicare and Medicaid Services’ (CMS) current approach to workers’ compensation liability claims is leading to consternation and confusion among many industry insiders, it has been suggested. Unlike in workers’ compensation practice, CMS has not issued any guidance regarding the use of Medicare Set-Asides (MSAs) in liability cases as a means of complying with the Medicare Secondary Payer (MSP), according to Robert L Sagrillo, chief compliance officer, NuQuest. The MSP law applies equally to workers’ compensation and liability claims, yet CMS, and many in the claims industry, have incorrectly assumed that an MSA is necessary in workers’ compensation claims, he suggests. Conversely, those in the liability area assume that nothing is required to consider Medicare’s interests in liability settlements since CMS hasn’t issued guidance.


Claims Pages Staff Writers are dedicated professionals covering a broad spectrum of insurance topics, including auto, catastrophe, education & training, fraud, legislation, liability, life & health, litigation, property, risk management, technology, underwriting, and workers' compensation. With over 25 years of distribution, our publication brings you accurate and timely information to keep you informed and ahead in the claims industry.


External References & Further Reading
https://www.insurancebusinessmag.com/us/news/workers-comp/why-a-lack-of-guidance-is-causing-confusion-in-workers-comp-liability-claims-160385.aspx

Mid-America Catastrophe ServicesChurchill Claims ServicesHancock Claims Consultants LLC

  Recent Provider Listings

Serving Kentucky Statewide - CLM Member
Kentucky Attorneys & Law Firms
Serving Massachusetts, Connecticut & Rhode Island
Connecticut Massachusetts Rhode Island Fire Investigations
Serving Northern Illinois
Illinois Attorneys & Law Firms