On October 7, 2019, the Centers for Medicare and Medicaid Services (CMS) released an updated Workers’ Compensation Medicare Set-Aside Portal (WCMSAP) User Guide (Version 5.9) which adds the capability for both MSA self and professional administrators to electronically submit annual attestations for CMS-approved MSAs.  Previously, the sole option for an MSA administrator was to complete the attestation form and submit to Medicare’s Benefits Coordination & Recovery Center (BCRC) via mail.

Pursuant to CMS rules, once the approved MSA is funded through settlement:

Every year, beginning no later than 30 days after the 1-year anniversary of settlement, the administrator must sign and send a statement that payments from the WCMSA account were made for Medicare-covered medical expenses and Medicare-covered prescription drug expenses related to the work-related injury, illness, or disease.

CMS provides blank attestation letters with the appropriate identification numbers in each CMS WCMSA approval letter for this very use.

Through this new electronic option, MSA self-administrators or those representing MSA self-administrators may login through MyMedicare.gov and by clicking the WCMSA Attestation Information button, may submit a new attestation and view past attestations. 

For professional administrators, they may set up an account in the WCMSAP and manage their authorized cases within the portal.  Per CMS, professional administrators’ access will allow them to “submit account transactions via input file submissions and download response files online, allowing them to administer and keep detailed records for a WCMSA account without the need for submitting an attestation.”

Importantly, final settlement documents must be submitted to CMS, including a professional administration agreement if the MSA is to be professionally administered, before the electronic attestation submission option may be used. 

CMS Webinars to Highlight Enhancements

CMS has scheduled two webinars to highlight the new WCMSA Electronic Attestation Enhancements.  The first webinar, to be held on October 30, 2019 at 1:00 PM ET, will be for Medicare beneficiaries and their representatives.  The second webinar, to be held on November 6, 2019 at 1:00 PM ET, will be for Professional Administrators. 

Practical Implications

Providing for electronic submission of annual attestations will benefit both CMS and MSA administrators as it will allow for better and faster coordination of benefits.  This coordination of benefits ensures that when MSA funds exhaust, either temporarily or permanently,  Medicare payment for the Medicare beneficiary’s injury-related bills will be triggered. 

Tower offers MSA professional administration services through our partner, Ametros.  If you have any questions regarding MSA administration or this enhancement, please contact Dan Anders at daniel.anders@towermsa.com or (888) 331-4941.