Franco Signor Submits Response to CMS Request for ANPRM Comment
Roy Franco
August 17, 2012

The Centers for Medicare & Medicaid Services (CMS) published its request for public comment on possible rules being  considered  for liability settlements involving future medicals this past June.   Franco Signor submitted its response to the Advanced Notice of Proposed Rulemaking (CMS-6047-ANPRM) last week.  To review our commentary, click here.    Our response was designed with two objectives in mind.  First, to comment on the General Rule and the 7 options laid out by CMS from which an individual/beneficiary could select to meet compliance in protecting Medicare’s interest.  The second, and more important objective, was to provide CMS with background on the “claims” process and important issues to consider when developing its final rules to avoid “chilling”  the settlement process.    While ongoing Workers’ Compensation matters allow Medicare to take a secondary position with regard to payment of items and services, Medicare remains primary for an unresolved liability claim.  Therefore, Medicare loses money where settlements are blocked, and the intent of our commentary is to identify some of the key areas the final rules should address to maintain the long established public policy of promoting settlements.


After reading, we would enjoy to hear back from you regarding any commentary you may have that we can continue to share with CMS.




Roy A. Franco

Chief Legal & Compliance Officer


Franco Signor LLC    

2316 Delaware Avenue, #281

Buffalo, NY  14216-2687

Tel:  (716) 877-4677 ext. 137

Fax:  (888) 370-7030