CMS issues updated WCMSA Guide

On June 6, 2022, CMS issued an updated Workers Compensation Medicare Set-aside (WCMSA) Reference Guide Version 3.7.  The WCMSA guide is a compilation of all WCMSA Regional Office Memoranda and information from the CMS website, information provided by the Workers Compensation Review Contractor and the CMS WCMSA Operating Rules. The guide is meant to consolidate and supplant all prior information and provide a reference for those choosing to avail themselves of the CMS Review process for MSAs.

How has CMS updated the WCMSA Guide?   

The only major change to the WCMSA guide was to “10.3 Section 15 – Rated Age Information or Life Expectancy.” CMS will now project the cost of the claimant’s future treatment over the claimant’s life expectancy, using the United States Life Tables-2019 as published by the Centers for Disease Control (CDC) Tables, National Vital Statistics Reports, Volume 70, Number 19 on March 22, 2022.

Where might I find the updated WCMSA Guide?

The new life tables may be found at: https://www.cdc.gov/nchs/data/nvsr/nvsr70/nvsr70-19.pdf.

The full updated WCMSA guide can be found at: https://www.cms.gov/files/document/wcmsa-reference-guide-version-37.pdf.

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