On June 18, 2018 Senators Portman (R-OH) and Nelson (D-FL) introduced legislation (S 3079) to provide specific statutory guidance to CMS in its review of Workers’ Compensation Set Aside determinations.
The bill is the product of discussions with representatives of all the primary stakeholders in the workers’ compensation system, the Centers for Medicare and Medicaid Services and congressional staff.
The legislation would provide for improved administration of Medicare in conjunction with settlements in workers’ compensation cases.
The legislation seeks to
o Establish clear criteria in the determination of amounts to be set-aside in workers compensation settlements;
o Create legal certainty in determining the amounts to be included in set-asides and that workers’ compensation laws are appropriately followed;
o Provide a right of appeal to CMS determinations for parties to workers’ compensation settlements; and
o Provide an optional direct payment of set-aside amounts to Medicare to speed payments, increase revenue for Medicare, and provide certainty for injured workers.
The bill will improve the results for injured workers, reduce costs for states and workers’ compensation payers, and increase revenue for Medicare. UWC will continue to work with the coalition and advocate for S 3079. Please contact Doug Holmes if you are interested in the specific details of the bill.
