GetConnected MyClaimsKit MedicareInsights ExpertInsights Pain Management PMSI Knowledge Center MyWorkComp - download the app


Advertisements

PMSI TV

PMSI Perspectives

PMSI Government Affairs Alerts

February 1, 2013–The Past Present and Future of Electronic Billing
January 3, 2013–Michigan to Adopt Physician Dispensing and Repackaging Rules
November 26, 2012–Illinois to Adopt Physician Dispensing and Repackaging Rules
September 17, 2012–CMS Adopts Delayed ICD-10 Compliance Date
August 31, 2012– NY Signs I-Stop Bill to Help Fight Prescription Drug Abuse
May 9, 2012– Restrictions on Quarterly File Submissions Lifted for Non Group Health Plan (NGHP) Responsible Reporting Entities
March 20, 2012– ICD-10 Transition Compliance Date Delayed
January 20, 2012– Louisiana Adopts eBilling Regulations
June 6, 2011 – End of Session Legislative Initiative Update – Key Bills
May 26, 2011 – California Adopts New Standardized Medical Billing Regulations
May 5, 2011 – Alabama Pharmacy Fee Schedule Update: Impact to Billing and Reimbursement for Repackaged and Relabeled Drugs
April 28, 2011 – Louisiana Treatment Guidelines: Impact to Pharmacy and Other Therapies
April 21, 2011 – FL DWC Announces Tighter Audit Evaluation Components
April 19, 2011 – Texas Adopts Important Changes to Existing EBilling Ruels for 2011 – Requires Implementation of New Formats by January 1, 2012
April 11, 2011 – Georgia Fee Schedule Update – Impact to Billing and Reimbursement for Repackaged Drugs
March 3, 2011 – Texas Revises Paper Pharmacy Billing Rules/DWC-66 Pharmacy Billing Form
January 28, 2011 – Adopted Changes to California Regulations: Title 8, Code of Regulations Section 9701-9702 California EDI/State Reporting Requirements Effective November 15, 2011
January 19, 2011 – Texas Division of Workers’ Compensation Issues Correction to Adoption Dates for Texas Pharmacy Open and Closed Formularies
December 21, 2010 – Texas Emergency Pharmacy Rule: Continued Operation of PBMs
December 16, 2010 – Texas Closed Formulary Update
December 14, 2010 – Texas Attorney General Releases Opinion on Pharmacy Network Services
October 28, 2010 – Texas Division of Workers’ Compensation Moving Forward with Adoption of Emergency Pharmacy Fee Schedule
September 22, 2010 – California Division of Workers’ Compensation Adopts Revisions to MPN Regulations
July 23, 2010 — Texas Closed Formulary
May 6, 2010 — Florida House Bill 5603 and the Impact on Doctor Dispensing
April 23, 2010 — California eBilling Draft Rule Publication
March 26, 2010 — Physician Dispensing and Repackaged Medications
March 15, 2010 — Establishment of Pharmacy Networks/Plans in California
January 11, 2010 — Minnesota Department of Health Issues New eBilling Update
December 22, 2009 — Minnesota Department of Health Issues eBilling Update
November 19, 2009 — California Continues Reform Efforts - Issues Twelve Point Plan
September 23, 2009 — eBilling Update
September 11, 2009 — Next Generation Coding—ICD-10 Code Set
June 16, 2009 — Minnesota eBilling Update
May 6, 2009 — Minnesota eBilling Alert and FAQ
July 15, 2009 — New York Emergency Rule Update
February 1, 2008 — PMSI Government Affairs Update Capsule
February 21, 2008 — Florida Pharmacist License—State Reporting Requirement
February 6, 2008 — New Texas Clean Claims Guidelines—NPI

PMSI Settlement Solutions Government Affairs Alerts

January 10, 2013– President Obama Signs SMART Act into Law
November 14, 2012– Can a Defendant Delay Payment of Settlement Funds Pending Receipt of Medicare Conditional Payment Information?
June 28, 2012– CMS Issues Extensions to Liability and Workers' Compensation Reporting Thresholds
February 7, 2012– Self Reporting Ongoing Responsibility for Medicals No Longer Required Due to MMSEA Section 111 Implementation
January 3, 2012– CMS Alert Regarding Submission of Third Party Administrator (TPA) Information and Publication of NGHP User Guide Ver 3.3
September 29, 2011 – CMS Issues Memorandum Related to Liability Medicare Set-aside Arrangements (LMSA)
September 29, 2011 – CMS Issues Revised TIN Reference Response File and Address Validation Alert
June 13, 2011 – CMS Issues Revised TIN Reference Response File and Address Validation Alert
May 23, 2011 – CMS Issues Memorandum Reiterating WCMSA Voluntary Review Thresholds
May 2, 2011 – CMS Alert Regarding Upgrade of Query Files and HEW Software
April 20 2011 – CMS Issues TIN Reference Response File and Address Validation Alert
March 3, 2011 – CMS Issues Direct Data Entry Reporting Option and Beneficiary Lookup Online Query Alerts
February 22, 2011 – CMS Issues Alert Regarding What Entities are Foreign Insurers (Excluding Self-Insurance)
December 30, 2010 – CMS Issues Alerts Regarding Direct Data Entry Reporting Option
November 18, 2010 – CMS Issues Alerts Regarding MMSEA Section 111 Reporting Timeframes, Date of Incident Pertaining to Cumulative Injuries and Direct Data Entry
November 15, 2010 – CMS Issues Alert Regarding Revised Reporting Timeline for Liability TPOCs and Extension of Reporting Thresholds for Liability and Workers' Compensation
September 27, 2010 – CMS Issues Alert Regarding New Direct Data Entry for Small MMSEA Section 111 Reporters
August 3, 2010 – CMS Issues MMSEA User Guide 3.1
June 17, 2010 — New Rated Age Policy Memorandum Released by Centers for Medicare and Medicaid Services
June 10, 2010 — CMS Issues Multiple Alerts Regarding MMSEA Section 111 Reporting Guidelines
June 4, 2010 — CMS Issues Alert regarding new ‘Direct Data Entry’ option for Small MMSEA Section 111 Reporters
March 2, 2010 — CMS Issues Version 3.0 of the MMSEA Section 111 NGHP User Guide and Three Alerts Regarding MMSEA Section 111 Reporting Guidelines
February 22, 2010 — CMS Announces Delay in Non Group Health Plan (NGHP) MMSEA Reporting under the Medicare, Medicaid and SCHIP Extension Act of 2007
January 6, 2010 — CMS Issues Three Alerts for Liability, No-Fault and Workers’ Compensation (Non-Group Health Plans) Responsible Reporting Entities
September 9, 2009 — CMS Alerts Issued: Obtaining Social Security Numbers for Non-Group Health Plan Reporting and Documentation Concerning MMSEA Section 111 COB Secure Web Site Registrations
August 19, 2009 — CMS Issues Version 2.0 of Medicare/Medicaid and SCHIP Extension Act (MMSEA) Section 111 and CMS Issues Documentation Regarding Authorized Representative and Account Manager Designation
July 30, 2009 — CMS Issues Alert Regarding Periodic Workers' Compensation Payments
June 4, 2009 — CMS Issues Prescription Drug Set-Aside Guidance for Submitters
April 16, 2009 — CMS Releases Alert for Reporting Multiple TPOC Amounts
March 24, 2009 — Mandatory Insurer Reporting Requirement - User Guide Update - CMS Releases Two New Documents
August 8, 2008 — Medicare Secondary Payer Mandatory Insurer Reporting Requirements
June 6, 2008 — CMS Policy Memorandum
January 21, 2008 — The Medicare, Medicaid, SCHIP Extension Act of 2007

PMSI Annual Drug Trends Report

The 2013 PMSI Annual Drug Trends Report is now available! Click here to view online

Click here to view the 2012 PMSI Annual Drug Trends Report

PMSI Drug Alerts and Clinical Advisories

FDA Will Continue to Allow Generic Versions of Non-Crush Resistant Opana ER to be Approved/Marketed
FDA Recommends Against Certain Next-Day Activities Following Use of Zolpidem Extended-Release (Ambien CR)
The Compounding Shop Recalls All Sterile Compounded Products
Balanced Solutions Compounding Pharmacy Recalsl All Sterile Compounded Products
ApotheCure, Inc. and NuVision Pharmacy Recall All Sterile Compounded Products
FDA Will Not Approve Generic Versions of Non-Crush-Resistant OxyContin
Green Valley Drugs Recalls All Sterile, Compounded, Repackaged, Distributed Products
Pallimed Solutions, Inc. Recalls All Compounded Products (Possible Particulate Matter Contamination)
New Jersey Pharmacy Recalls All Compounded Products (Potential Mold Contamination)
Zithromax, Z-max (azithromycin) May Cause Heart Abnormalities
FDA Approves Generic Suboxone Sublingual Tablets
Impax Laboratories Launches Generic Opana ER
FDA Recommends Lower Zolpidem Doses
Repackaged Hydrocodone-Acetaminophen Recalled by Mylan Inc.
FDA Warns About Alcohol/Drug Interactions with Xyrem(R)
Qualitest Hydrocodone-acetaminophen Recall
Ranbaxy Recalls 41 Lots of Generic Lipitor(R)
Ameridose, LLC Recalls All Products In Circulation
Fungal Meningitis Outbreak (Update)
DEA Actions Against Addictive Prescription Painkillers
Budeprion XL Not Therapeutically EquivalentTo Wellbutrin XL (300mg)
Fungal Meningitis Outbreak
Opana ER Misuse Associated with Blood Disorder
Suboxone Tablets Discontinued
Watson Lab: Hydrocodone-APAP 10 mg/500 mg Voluntary Recall
Qualitest: Hydrocodone-APAP 10 mg/500 mg Voluntary Recall
FDA Approves Lyrica for New Indication
Revised Recommendations for Celexa® (citalopram) and Potential Heart Rhythms Associated with High Doses
TIRF REMS Access Program Goes Live
Proton-Pump Inhibitors May Predispose Patients to Bacterial Diarrhea
Excedrin/Bufferin Voluntary Recall
Endo Pharmaceuticals Packaging Error
FDA Approves Class-based REMS(fentanyl citrate products)
Extended-Release Hydrocodone (Zohydro®)
Soma (carisoprodol) Reclassified to Schedule IV
Motrin IB (ibuprofen) Recalled
Tylenol Extra Strength Maximum Daily Dose Reduced
Celexa Abnormal Heart Rhythms
Tylenol Extra Strength Recall Clinical Advisory
Mislabled Butalbital-APAP-Caffeine tablets Voluntary Retail Recall Clinical Advisory
Endocet Voluntary Recall
Citalopram and Finasteride: Select Bottles Voluntary Recall
Embeda Voluntary Recall Drug Advisory
Update: Acetaminophen Combination Products
Propoxyphene Voluntary Recall Drug Advisory
NuCynta, Onsolis, and Ryzolt Drug Advisory
Acetaminophen Combination Products Drug Advisory
FDA Bans Unapproved Opioid Analgestics
Pristiq, Relistor, and Flector Drug Advisory
Actavis Totowa Drug Advisory
Fentanyl Drug Advisory
Fentora Drug Advisory
Ambien Drug Advisory
Zofran Abnormal Heart Rhythms Advisory

PMSInfo—Clinical Newsletter

Legal Bulletins

May 16, 2013 - Louisiana District Court Approves Apportioned Liability Medicare Set-Aside

March 25, 2013 - Connecticut Decision Demonstrates Scattered Opinions with Regard to MSP Compliance in Liability Settlements

March 19, 2013 - Mississippi Follows Trend of Determining the MSA Amount, Despite the Availability of CMS Review

March 1, 2013 - When Can Medical Providers Have Standing Under the MSP?

February 21, 2013 - Florida District Court Denies Request to Opine on the “Question that Confounds” Tort Litigation Parties: Do we need an MSA?

November 14, 2012 - Can a Defendant Delay Payment of Settlement Funds Pending Receipt of Medicare Conditional Payment Information?

August 22, 2012– NJ Liability Settlement Demonstrates Muddy Waters of MSP Future Medical Obligations

July 19, 2012– Third Circuit Finds Medicare Advantage Plans have a Private Cause of Action Right under the MSP

July 3, 2012– CMS Declines to Participate Again: Louisiana District Court Determines MSA

May 24, 2012 – Florida Court finds Settlement Agreement Not Specific to Require an LMSA

April 24, 2012 – Court Determines Professional Liability Fund Not an RRE under MMSEA

April 4, 2012 – CMS Declines to Participate in Hearing on Determination of Need for MSA

March 30, 2012 – Ex-Wife Receives Portion of Husband's MSA in Divorce Settlement

February 20, 2012 – Can "Medicare's Gorilla Body Be Squeezed into Workers' Compensation Overalls"?

January 10, 2012 – Federal Jurisdiction Not Created By Alleged Failure in MSP System

December 16, 2011 – The Medicare Secondary Payer Act in 2011: A Busy, Busy Year

December 1, 2011 – Hadden Decision Affirmed by the Sixth Circuit Court of Appeals

October 26, 2011 – CMS Declines Review of a Medicare Set-Aside (MSA) which exceeds Review Threshold

September 2, 2011 – U.S. v. Stricker UPDATE - Motion for Reconsideration: DENIED

August 8, 2011 – Stalcup Handout Cited in Louisiana Federal Court Case

August 1, 2011 – Region VI of CMS Issues "Handout" to Address Industry Concerns and Liability MSAs

July 26, 2011 – Medicare Conditional Payment Recovery Takes Back Seat to Settlement Apportionment

June 30, 2011 – PA District Court: Medicare Advantage Plans and Right to Recovery under MSP

June 21, 2011 – Louisiana Court of Appeals Case – CMS Approval of MSA a Condition Precedent to the Requirement of Disbursement of MSA Funds

May 25, 2011 – Haro v. Sebelius - Medicare Conditional Payment Collection Practices Shot Down in Federal Court

May 25, 2011 – Superior Court of New Jersey Allows Plaintiff Attorney's Fees to be Deducted from MSA Allocation

May 19, 2011 – Florida Bar Opinion - Unethical for Plaintiff's Counsel to Agree to Idemnify the Defendant for Medicare Liabilities

May 17, 2011 – Western District of New York Medicare Secondary Payer Protocol – MSP Compliance in Liability Settlements to be Determined by the U.S. Attorney's Office?

April 26, 2011 – Sullivan v. Farm Bureau: The Private Cause of Action Strikes Out Again

April 11, 2011 - Federal Courts Remain Consistent—Medicare Advantage Plans do not have a Direct Right of Recovery under the MSP

April 7, 2011 - MSAs and Liability Settlements—Recent Updates from the Liability Industry and Medicare

March 30, 2011 – Medicare Successfully Recovers Conditional Payment in a Wrongful Death Action

March 9, 2011 – Terms of Settlement-Parties Beware

February 23, 2011 – Kentucky to Follow Maryland's Example

February 9, 2011 - Medicare Advantage Plans and Reimbursement Per MSP

 

January 20, 2011 – Federal Court Speaks to Issue of Protection of Medicare’s Interest in Liability Cases

January 11, 2011 – Opportunity for Public Comment Regarding Maryland’s Emergency Regulations

October 5, 2010 – Update on US v. Stricker

April 14, 2010 – Liability Settlements: Considering Medicare's Interest as to Future Medicals

November 18, 2009 – Changes to Medicare Beneficiary Information and Conditional Payment Process

CMS Memos and Communications

December 5, 2011— The purpose of this memorandum is to summarize and convey our support for our regulations giving Medicare Advantage organizations (MAOs) and Prescription Drug Plan (PDP) sponsors the right, under existing Federal law, to collect for services for which Medicare is not the primary payer.

September 29, 2011 — The purpose of this memorandum is to provide information regarding proposed Liability Medicare Set-Aside Arrangement (LMSA) amounts related to liability insurance (including self-insurance) settlements, judgments, awards, or other payments (“settlements”).

May 25, 2011 — This specific handout was prepared as a service to the public and is not intended to grant rights or impose obligations…It is intended to provide consolidated guidance to those attorneys, insurers, etc., working liability, no-fault and general third party liability cases for any Medicare beneficiary residing in Oklahoma, Texas, New Mexico, Louisiana and Arkansas and is not to be considered a CMS official Statement of policy.

May 11, 2011 — The purpose of this memorandum is to reiterate guidance provided in the Centers for Medicare & Medicaid Services’ (CMS’) July 23, 2001, July 11, 2005, and April 25, 2006 procedure memoranda regarding CMS’ Workers’ Compensation Medicare Set-aside Agreement (WCMSA) proposal review thresholds.

June 8, 2010 — This memorandum clarifies the guidance provided in the Centers for Medicare & Medicaid Services’ (CMS’) May 14, 2010 procedure memorandum regarding the Rated Age (RA) language to be included on WCMSA proposals.

May 14, 2010 — The purpose of this memorandum is to clarify guidance provided in the Centers for Medicare & Medicaid Services’ (CMS’) April 3, 2009 and July 1, 2009 procedure memoranda regarding prescription drugs administered to Medicare beneficiaries for off-label and/or unlabeled outpatient uses and whether these drugs are considered covered by Medicare Part D and, therefore, appropriately included in a Medicare Workers’ Compensation Set-aside Agreement (WCMSA) proposal.

June 01, 2009 — Since the publication of the April 3, 2009 CMS policy memorandum announcing prescription drug reviews, which becomes effective June 1, 2009, submitters of Workers’ Compensation Medicare Set-aside Arrangements (“WCMSAs”) have raised several questions...

April 03, 2009 — The purpose of this memorandum is to set forth the Centers for Medicare & Medicaid Services’ (CMS’) procedures regarding the methodology of pricing future prescription drug treatment costs/expenses in Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) proposals.

August 25, 2008 — The purpose of this memorandum is to include policy regarding the pricing of Implantable Devices and to replace the policies regarding “Beneficiaries that Request Termination of a Workers’ Compensation Medicare Set-Aside (WCMSA) Account” in Question and Answer 10 of the July 11, 2005 Associate Regional Administrator memorandum.

May 20, 2008 — The purpose of this memorandum is to include policy regarding the exclusive use of the Centers for Disease Control (CDC) Table 1 (All American Table) when determining life expectancy in Workers’ Compensation Medicare Set-Asides (WCMSA) proposals. The Centers for Medicare & Medicaid Services (CMS) will only accept life expectancies obtained from the CDC Table 1, “Life table for the total population.”

July 24, 2006 — This memorandum supersedes the Part D and Workers’ Compensation Medicare Set-aside Arrangements (WCMSA) memorandum that was published on December 30, 2005. It includes policy regarding the inclusion of future prescription drug treatment costs/expenses in WCMSAs.

April 25, 2006 — The purpose of this memorandum is to replace Q/A #2 of the July 11, 2005 Memorandum with regard to the Centers for Medicare & Medicaid Services’ (CMS’) low dollar WCMSA threshold for Medicare beneficiaries. Effective with the issuance of this memorandum, CMS will only review new WCMSA proposals for Medicare beneficiaries where the total settlement amount is greater than $25,000.00.

December 30, 2005 — Beginning January 1, 2006, Medicare will begin its Part D prescription drug coverage as a result of the implementation of the Medicare Modernization Act of 2003 (MMA). This memorandum includes policy regarding the inclusion of prescription drugs that Medicare will cover as of January 1, 2006, in Workers’ Compensation Medicare Set-aside Arrangements (WCMSAs).

July 11, 2005 — Medicare Secondary Payer (MSP) – Workers’ Compensation (WC) Additional Frequently Asked Questions

October 15, 2004 — Medicare Secondary Payer (MSP) — Workers’ Compensation (WC) Additional Frequently Asked Questions: 1) Use of WC Fee Schedule vs. Full Actual Charges for WC Medicare Set-aside Arrangement (WCMSA); 2) Self-administration of a WCMSA; 3) Up-front Settlement of Future Medicals vs. WCMSA; 4) Inflation Adjustment/Discount to Present Value; 5) Structured WCMSAs; 6) WC Claim Resolution Where Medicals Remain Open.

May 07, 2004 — The purpose of this all regional administrators memorandum is to replace the policy that was outlined in the answers to the questions in the all associate regional administrators (ARA) memorandum concerning workers’ compensation commutation of future benefits.

May 23, 2003 — Medicare Secondary Payer -- Workers’ Compensation (WC) Additional Frequently Asked Questions

April 22, 2003 —Medicare Secondary Payer -- Workers’ Compensation (WC) Frequently Asked Questions

July 23, 2001 —Workers’ Compensation: Commutation of Future Benefits

Industry Quick Links

Medicare Insights Blog by PMSI Settlement Solutions
http://medicareinsights.com/

Medicare
http://www.medicare.gov/

Centers for Medicare and Medicaid Services (CMS)
http://www.cms.gov/

CMS Workers’ Compensation Services
http://www.cms.gov/WorkersCompAgencyServices/

CMS Mandatory Reporting
https://www.cms.gov/MandatoryInsRep/

CMS Workers’ Compensation Agency Services Contact List- Regional Offices
http://www.cms.gov/WorkersCompAgencyServices/Downloads/cmscontactlist.pdf

CMS / Sample Case Submission
http://www.cms.gov/WorkersCompAgencyServices/Downloads/samplesubmission.pdf

CMS / Open Door Forums
http://www.cms.gov/OpenDoorForums/01_ Overview.asp#TopOfPage

Social Security
http://www.socialsecurity.gov/

Medicare Secondary Payer Recovery Contractor (MSPRC)
http://www.msprc.info/index.cfm?content=main

United States Life Table
http://www.cdc.gov/nchs/data/nvsr/nvsr59/nvsr59_09.pdf