Challenges in Claims Resolution and Solutions in MSP Compliance & Professional Administration

Topics will include:

• New Requirements in Medicare Consent to Release Forms: Beginning on April 1, 2020, the Centers for Medicare & Medicaid Services (CMS) will require claimants to attest to their understanding of the MSA, submission and related administration via new Consent to Release (CTR) forms.

• Working Through Hold-Harmless / Indemnification Provisions: New York State recently issued a notice indicating the board will no longer approve Sec. 32 (full and final) agreements which include provisions that require a claimant to hold harmless and indemnify a carrier in the event the claimant misspends MSA funds. Todd and Shawn will cover implications and how to reduce exposure while settling claims in instances, either by policy or judge’s discretion, hold-harmless and indemnification provisions aren’t allowed.

• Handling Conditional payments when the claimant is the target. How to reduce exposure to claimants in settlements and how to address post-settlement, when a claimant received a demand or Treasury notice against them.

• Sec. 111 Reporting. Importance of data quality and update on civil money penalties.