Are Non-Submit Medicare Set-Asides Under Attack by CMS?

Are non-submit (also commonly known as evidence-based) Medicare Set-Asides (MSAs) under attack by the Centers for Medicare & Medicaid Services (CMS)? In January of 2022, CMS published policy guidance casting doubt on the safety of non-submit allocations. CMS stated that it “cannot be certain” that the Medicare Trust Fund is protected unless CMS reviews and approves a submitted MSA proposal. This unprovoked policy guidance update sent shockwaves throughout the workers compensation industry, causing many industry stakeholders to reconsider their position on non-submit allocation confidence. Join us for a discussion regarding the future place of non-submit allocations in MSP compliance.

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