Is it time for an MSA do-over for open claims? Given the amended review process, we think it is.

Michael Stack’s recent article – Case Study: $101,312 Savings Through MSA Amended Review Process – in www.reduceyourworkerscomp.com points out that not every claim with a CMS-approved MSA settles on the first attempt. The piece describes one of CMS’s rare do-over opportunities, the Amended Review process.  

In the past, once an MSA had been approved by CMS, that was it.  If the claim didn’t close and subsequent changes in medical treatment reduced the MSA’s allocated costs, that was too bad. 

Process change allows for a productive MSA do-over

Fortunately, the agency changed its stance in 2017 and now allows the submission of revised MSAs to reflect changes in medical treatment and costs. Naturally, the claims need to meet certain criteria, which the article clearly outlines.

Stack, a highly regarded expert in workers’ compensation cost containment, illustrates his points with one of Tower’s Amended Review case studies, which resulted in savings of over $100,000.

During the economic fallout of COVID-19, some injured workers are re-thinking their earlier decisions to not settle their cases.  This is a good time to pull out any unsettled claims with MSAs, consider the Amended Review process and reopen settlement talks.

For more information, please see our Chief Compliance Officer Dan Anders’ earlier posts on Amended Reviews:

• MSA Amended Reviews Promote Case Closures
• CMS Expands MSA Amended Reviews & Modifies Consents to Release in Updated Reference Guide

 

Contact Dan at Daniel.Anders@TowerMSA.com with any questions; he will be happy to help you determine if this program can help you close any of your claims.