What's New

September 30, 2009

Removed information regarding the WCMSA Web-portal Town Hall meeting which was held on September 29, 2009 from the "WCMSA-Related Topics" page of this site. 

September 25, 2009

Updated sample submission/checklist, which takes into consideration the pricing of prescription drugs. Click on the "Submission of WCMSAs" section page and scroll down to the bottom of the page to "Downloads" to see updated sample submission/checklist.

September 10, 2009

"Good news, over 85 responses were received to the "Survey for Workers' Compensation Medicare Set-Aside (WCMSA) Process." The results confirm entities who report workers' compensation settlements that contemplate future medical (including prescription drug) treatments support, overwhelming the availability of a secure Internet web-based portal or interface. Further, the vast majority of responders stated that they are capable of uploading and transmitting documentation in a PDF format into a secure Internet web based portal application.

Based on the results, CMS will be moving forward with its plan to make available a secure Internet web-based portal or interface for the WCMSA submission process.

Section 111

Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (PL 110-173) amends the Medicare Secondary Payer (MSP) provisions of the Social Security Act (Section 1862(b) of the Social Security Act; 42 U.S.C. 1395y(b)) to provide for mandatory reporting for group health plan arrangements, liability insurance (including self-insurance), no-fault insurance, and workers' compensation. The provisions will be implemented January 1, 2009, for information about group health plan arrangements, and July 1, 2009, for information about liability insurance, no-fault insurance, and workers' compensation.

To be directed to the "Mandatory Insurer Reporting" web page, copy and paste the address below into your URL address bar:

https://www.cms.hhs.gov/MandatoryInsRep/

WCMSA submission address effective August 27, 2007 

CMS
c/o Coordination of Benefits Contractor
P.O. Box 33849
Detroit, MI 48232-5849

This section will provide you with information on the Coordination of Benefits (COB) program and assist you with meeting your responsibilities and obligations under the Medicare Secondary Payer (MSP) laws in regard to Workers' Compensation (WC) issues. This section is divided into the following web pages:

• Introduction to WC
• Reporting a WC Case and Obtaining Conditional Payment Information
• Workers' Compensation Medicare Set-aside Arrangements (WCMSAs)
• Submissions of WCMSAs
• Review Process of WCMSAs
• Administering WCMSAs
• WCMSA-Related Topics
• Part D of the Medicare Modernization Act and WCMSAs
• WC Data Match
• WC Agency Outreach

Please note that you may see references throughout this section such as "(Ref:  ________Memo Q_)", which indicate the following sources for the stated policies:

• July 23, 2001 letter, "Workers' Compensation: Commutation of Future Benefits"
• April 21, 2003 letter "Medicare Secondary Payer - Workers' Compensation (WC) Frequently Asked Questions." Medicare Secondary Payer Regional Office WC contacts are listed in an attachment to this letter (Updated contact information may be found under the WC Agency Outreach section page). The WC contacts can provide a detailed list of documents necessary to complete a review of a settlement that includes a Medicare set-aside arrangement for future medical benefits.
• May 23, 2003 letter "Medicare Secondary Payer - Workers' Compensation (WC) Additional Frequently Asked Questions"
• On May 7, 2004, CMS issued a Memorandum discussing its new policy regarding the use of administrative fees in WC cases.
• On October 15, 2004, CMS issued a Memorandum discussing new and updated Workers' Compensation (WC) Frequently Asked Questions.
• On July 11, 2005, CMS issued a Memorandum discussing new and updated Workers' Compensation (WC) Frequently Asked Questions.
• On December 30, 2005, CMS issued a Memorandum discussing Part D and Workers' Compensation Medicare Set-aside Arrangements (WCMSAs) Questions and Answers--Superseded by the July 24, 2006 memorandum

• On April 25, 2006, CMS issued a Memorandum discussing the Workers' Compensation Medicare Set-Aside Arrangements (WCMSAs) and the revision of the low dollar threshold for Medicare beneficiaries

• On July 24, 2006 CMS issued a memorandum discussing Part D and Workers' Compensation Medicare Set-aside Arrangements (WCMSAs) Questions and Answers.

These sources, or policy memoranda, were developed by CMS and were available on the prior web site. Links to the original documents can be found below under Downloads.

Downloads
July 23, 2001 Memorandum (PDF, 83 KB) April 21, 2003 Memorandum (PDF, 935 KB) May 23, 2003 Memorandum (PDF, 190 KB) May 7, 2004 Memorandum (PDF, 9KB) October 15, 2004 Memorandum (PDF, 192 KB) December 30, 2005 Memorandum (PDF, 184 KB) July 11, 2005 Memorandum (PDF, 137 KB) April 25, 2006 Memorandum (PDF, 135KB) July 24, 2006 Memorandum (PDF, 184 KB) May 20, 2008 Memorandum (PDF, 54 KB)
Related Links Inside CMS
Subscription Sign-up for Workers' Compensation Web Page Update Notification
Related Links Outside CMS
There are no Related Links Outside CMS

Page Last Modified: 09/30/2009 12:12:05 PM
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