by: David R. Teter, J.D., D.C.L.
-BATON ROUGE, LA (Wed, September 19, 2018).
On August 8, 2018 the National Alliance of Medicare Set-Aside Professionals (NAMSAP) in Baton Rouge issued an alert to members regarding an informal discussion they had with the CMS regarding a potential LMSA review process in third-party liability settlements. Today, NAMSAP issued a clarification bulletin advising that :
In consideration of those statements, the position of the CMS regarding lawyers protecting Medicare’s interests in third-party liability settlements remains ambiguous. Until hard and fast regulations are passed by Congress or the CMS creates a mechanism for LMSA reviewal, attorneys may continue to depend upon their due diligence and good faith actions in these matters to protect themselves and their clients from liability.
 Ton Stanley, William Delaney, et al., NAMSAP Special Bulletin: Liability Medicare Set Asides, National Alliance of Medicare Set-Aside Professionals (Sep. 19, 2018) (from: firstname.lastname@example.org).