Litigation

CMS issued a clarification of its May 14, 2010 memorandum concerning Rated Age language to be included in Workers Compensation Medicare Set Aside Proposals (WCMSA). :

A revised rated age certification is now required which states

?Our organization certifies that all rated ages we have obtained and/or have knowledge of regarding this claimant, and generated at any time on or after the Date of Incident for the alleged accident/illness/injury/incident at issue, have been included as part of this submission of a proposed amount for a Workers? Compensation Medicare Set-Aside Arrangement (WCMSA) to the Centers for Medicare & Medicaid Services"

CMS will not accept the Rated Age unless the specific language above is included in the WCMSA proposal.

CMS reiterated that acceptable proof of Rated Age is demonstrated through the inclusion of independent rated ages on the letterhead of an insurance carrier OR settlement broker.

Copy of CMS Memorandum on WCMSA Rated Ages  dated June 8, 2010  Download CMS Clarifies 5-14 Memo WCMSA Rated Age 6-8-2010