Wisconsin Association of Worker's Compensation Attorneys, Inc.  
  

 

 

Medicare Set-Asides

Worker's Compensation
Medicare Set-Aside Arrangements
(WCMSAs) Under the
Medicare Secondary Payer
(MSP) Statute
 

3.   What is the Centers for Medicare and Medicaid
Services (CMS) and how is in involved in MSAs
?

 


3.   What is the Centers for Medicare and Medicaid Services (CMS) and how is in involved in MSAs?

The Centers for Medicare and Medicare Services (CMS) (Formerly known as the Health Care Financing Administration (HCFA)), is the federal agency responsible for administering the Medicare, Medicaid, SCHIP (State Children's Health Insurance), HIPAA (Health Insurance Portability and Accountability Act), CLIA (Clinical Laboratory Improvement Amendments), and several other health-related programs.  Its official website is http://www.cms.hhs.gov/ .

Because it administers Medicare, it is also responsible for the enforcing the Medicare Secondary Payer Act. Therefore, it is the agency that is responsible for both Medicare Set-Asides (MSAs) and conditional payments.  The employees of CMS can only do so much, however, so it has retained third-party contractors to assist it.

CMS has contracted with the Medicare Secondary Payer Recovery Contractor (MSPRC) to handle all requests for conditional payment information and another entity, the WCRC, is responsible for reviewing all Medicare Set-Aside proposals.

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All of the content was prepared by Michael R. Merlino II, an attorney in Georgia who focuses on his practice primarily on MSAs.  He prepares MSAs for many large self-insureds and insurance companies. If you have questions, he can be contacted at 770-374-3697 or mmerlino@gmail.com.  He also has a website devoted to MSAs, which is updated frequently:  www.wcmsainfo.com  

 © 2007 Wisconsin Association of Worker’s Compensation Attorneys, Inc, and Michael R. Merlino II. All rights reserved.


This page was last updated on October 08, 2007.