This great news came in an email this afternoon from the American Association for Justice, saying the CMS, which operates Medicare, had decided to not move forward with requiring the proposed set asides for personal injury case settlements, which would have really severely hurt those already injured people even more.
| Linda A. Lipsen Chief Executive Officer |
Dear Members,
| The Centers for Medicare & Medicaid Services (CMS) has withdrawn its proposed rule on future medicals called “Medicare Secondary Payer and Future Medicals,” which proposed regulations to govern how and when an injured individual who receives a judgment, settlement, or award would need to pay for any future medical care needed as a result of the accident, illness, or injury in question.
The withdrawal of the rule affects all trial lawyers across the country, whether they represent cases involving slip and fall to complex products liability. This is a huge victory that we achieved thanks to the excellent guidance provided by AAJ’s Regulatory Counsel, Sarah Rooney, and AAJ’s Medicare Secondary Payer Advisory Group chaired by AAJ President-Elect Larry Tawwater. AAJ lobbied hard against the proposed rule which was issued in June 2012. Part of our lobbying strategy involved our working with a broad coalition which includes consumer and patient groups, businesses, and insurers. The rule would have reduced access to civil justice for Medicare beneficiaries and would have left them without the benefit of Medicare coverage when they are sick or dying. Our lobbying has achieved the results we wanted for you and your clients—CMS has withdrawn the rule from review. We believe as a result of all of the concerns that this coalition raised, the Administration recognized that the rule, as drafted, was unfair and harmful and decided that it could not move forward with the rule. This means there currently is no future medical rule pending. We are unaware of any plans to reinstitute this process, although, CMS is legally able to do so. If you have questions concerning this issue please email advocacy@justice.org. We will continue our strong advocacy in this arena. We know it is of utmost importance to you and your clients.
Best Regards, |
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