Macdonald Devin
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5th Annual Business Litigation and Insurance Law Conference held September 30, 2011Friday, September 30, 2011
Omni Dallas Hotel at Park West
Topics and Speakers and links to Presentations
Update: On September 30, 2011 the Centers for Medicare and Medicaid Services (CMS) released an important policy memorandum pertaining to liability Medicare set-aside arrangements. The policy applies to liability insurance (including self-insurance) settlements, judgments, awards, and other payments. Click here for a PDF of the memorandum. Clayton Devin, Shareholder with Macdonald Devin, explains: In announcing this new policy, CMS indicates that the agency will consider Medicare's interests regarding future medical expenses to be "satisfied" upon procurement of specific information from the claimant / beneficiary's treating physician, as follows:
Where the beneficiary's treating physician certifies in writing that treatment for the alleged injury related to the liability insurance (including self-insurance) "settlement" has been completed as of the date of the "settlement", and future medical items and/or services for that injury will not be required, Medicare considers its interest, with respect to future medicals for that particular "settlement", satisfied. If the beneficiary receives additional "settlements" related to the underlying injury or illness, he/she must obtain a separate physician certification for those additional "settlements".
If the physician certification is obtained, it is unnecessary to submit the certification or any proposed Medicare set-aside to CMS for review, and CMS will not provide the settling parties any confirmation that Medicare's interest in future medical expenses has been satisfied. The policy change is effective immediately. 
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