CMS Withdraws Future Medicals Proposed Rule

by B. Smith

The Office of Management and Budget (OMB) posted a notice on its website yesterday that the Centers for Medicare & Medicaid Services (CMS) has formally withdrawn the Medicare Secondary Payer and Future Medicals Proposed Rule.

In March 2022, the OMB first released notice that a proposed rule regarding future medicals was being reviewed. Although the brief description of the proposed rule was broad, it led many in the industry to speculate whether this rule would finally address Liability Medicare Set-Asides (LMSAs). CMS received feedback from various Medicare Secondary Payer groups, including the MARC Coalition (of which IMPAXX is a member), noting the potential issues of creating a voluntary liability submission process. With the withdrawal of the rule, at least for now, no formal process is being implemented. However, this does not negate the need to reasonably consider Medicare’s interest when resolving an injury-related claim, be it a workers’ compensation or liability.

Of note, the draft of the final rule on Section 111 Civil Money Penalties remains pending before the OMB.

For further information regarding future medical allocations and Section 111 Reporting services, please contact the IMPAXX Settlement Consultant Group at [email protected].