The Centers for Medicare and Medicaid Services (CMS) is considering expanding its voluntary Medicare Set-Aside Arrangements (MSA) amount review process to include the review of proposed liability insurance (including self-insurance) and no-fault insurance MSA amounts. CMS plans to work closely with the stakeholder community to identify how best to implement this potential expansion. CMS will provide future announcements of the proposal and expects to schedule town hall meetings later this year. Please continue to monitor this website for additional updates.
CMS has been considering how to address Medicare Set-Asides in connection with liability claims for many years now, but its approach has always been haphazard.
Be alert. Every time CMS says anything about MSAs in liability cases, there is a rush of poorly-informed sources who announce that MSAs "are now being required" in liability cases. There is no reason to expect anything different this time.