CMS recently updated the unified agenda with regard to proposed rulemaking for guidance regarding how beneficiaries were to protect Medicare’s interest in workers’ compensation, liability and no-fault settlements.  The amended announcement now pushes publication of any rule from September 2019 to October 2019.  Another change made was to eliminate all references to line of business and the term “guidance”.  Rather, the new rulemaking will focus on “options” that Medicare beneficiaries can choose from on how to protect Medicare’s interest when a settlement occurs that terminates medical benefits by a primary plan.  It would be pure speculation to make any interpretation of what any of these options would be, other than CMS is intent on pushing forth a rule regarding future medicals that involve Non-Group Health Plan settlements.  Stay tuned.


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