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August 2012

CMS Advanced Notice of Rulemaking Comments Due by August 14, 2012

The advance notice of proposed rulemaking solicits comment on standardized options that the Centers for Medicare and Medicaid Services (CMS) is considering making available to beneficiaries and their representatives. The options hope to clarify how beneficiaries can meet their obligations to protect Medicare's interest with respect to Medicare Secondary Payer (MSP) and Medicare Set Aside claims involving automobile and liability insurance (including self-insurance), no fault insurance, and workers' compensation when future medical care is claimed or the settlement, judgment, award, or other payment releases (or has the effect of releasing) claims for future medical care. To be assured consideration, comments must be received by CMS no later than 5 p.m. on August 14, 2012.

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Social Security Administration Releases its Annual Disability Statistical Report

On July 10, 2012, the Social Security Administration published its 2011 Annual Statistical Report on the Social Security Disability Insurance Program. This annual report provides an interesting overview of the program and demographic information about the people who receive these benefits.

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MMSEA Section 111 Mandatory Data Reporting - Did You Know?

MMSEA Section 111 Mandatory Data Reporting does not eliminate any existing statutory provisions or regulations, it just adds mandatory reporting rules associated with open claims. The need to obtain a Medicare Set Aside and/or Conditional Payment Letter prior to any settlement, judgment, award, or other payment is greater than ever now in order to protect yourself under the law. The whole purpose of the MMSEA Section 111 Mandatory Reporting process is to enable the Centers for Medicare and Medicaid Services (CMS) to pay appropriately for Medicare covered items and services. CMS uses this reported data to undertake appropriate reimbursement/recovery actions to recover funds paid for services rendered to its beneficiaries under a Medicare Set Aside.

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