As a follow-up to our recent blogs regarding a change in the Workers’ Compensation Review Contractor (WCRC) and the new WCRC reviewing Liability Medicare Set-Asides (LMSAs), CMS has now released the official solicitation for the award. The solicitation can be found here, and our latest prior blog on this topic can be found here.
The solicitation states that proposal bids are due January 30, 2017 and the anticipated award date will be June 30, 2017. The contract term for the new award will run July 1, 2017 through June 30, 2022.
On pages 5 and 94 of the solicitation, CMS has indicated that the new contractor would not begin reviewing LMSAs and No-Fault MSAs at least until July 1, 2018. However, while it appears that the new contractor would not take on the voluntary LMSA and NFMSA review process until that time, recall that back on June 8, 2016 CMS issued an Alert that it was looking to expand its current review process to include the review of other set-aside amounts and that it would schedule town hall meetings to discuss the expansion of this review. Therefore, we should still expect that CMS will be looking for stakeholder feedback on an LMSA process this year in 2017. For our prior blog on CMS’ LMSA June 8th alert, please click here.
In the interim, our recommendations for liability and no-fault payers is the following: 1) Monitor for additional activity from CMS this year on LMSAs and NFMSAs. Stakeholder feedback is vital to ensure that any LMSA/NFMSA process introduced by CMS in 2018 includes a review process which remains voluntary and such process does not hinder settlements. We will continue to post/blog updates on this issue. 2) Engage our legal experts to assist with questions and assistance with release language for liability/no-fault claims with Medicare beneficiaries. Our legal team can be reached at firstname.lastname@example.org.
Heather Schwartz Sanderson, Esq., MSCC, CHPE, CLMP, CMSP
Chief Legal Officer
Franco Signor LLC