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CMS Withdraws Proposed Rule on "Future Medicals"


The Brain Injury Association of America (BIAA) partnered with the United Spinal Association in June 2013 to create the Future Care Coalition. The Coalition addresses threats to the health and financial security of current and future Medicare beneficiaries. It was created in response to consideration by the Centers for Medicare and Medicaid Services (CMS) of new regulations under the Medicare Secondary Payer Act (MSP) that would limit access to settlement funds and leave people with injuries without the benefit of Medicare coverage while seeking legal compensation for wrongful injury.
For more than a year, BIAA has been leading the Future Care Coalition’s efforts to stop this proposed expansion of MSP’s authority to collect settlement monies from current and future medicare beneficiaries. Meetings were held with the White House, CMS, Office of Management and Budget (OMB), and Capitol Hill to share concerns on why the proposal, as written, could have a catastrophic impact on vulnerable individuals and their ability to get quality care and protect their quality of life.
On October 8, 2014, CMS withdrew the Notice of Proposed Rulemaking (NPRM) that it had submitted to the OMB on August 1, 2013 relating to CMS’ intent in addressing Medicare Secondary Payer and “future medicals.” It is expected that CMS will redesign the NPRM and resubmit to OMB at a later date, but BIAA is encouraged that the withdrawal of the NPRM demonstrates that CMS has heard our concerns.

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