CMS Considering LMSA Review Process
Heather Sanderson
June 10, 2016

CMS issued an Alert yesterday which states:

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 for additional updates.

As we had speculated in our prior blog, CMS had recently revised its Statement of Work (SOW) within its Request for Proposal (RFP) for solicitations for the WCRC Contractor to include the review of “other” NGHP set-aside arrangements. Logically, the only other type of Non-Group Health Plan (NGHP) Set-Asides would be liability and no-fault. Therefore, this announcement confirms prior speculation that LMSAs were on CMS’ horizon. We will continue to monitor the additional announcements from CMS on this issue and in the meantime, encourage stakeholders to begin brainstorming commentary to be provided to CMS on how this process would best work.


Heather Schwartz Sanderson, Esq., MSCC, CHPE, CLMP, CMSP

Chief Legal Officer

Franco Signor LLC