Medicare Still Playing “Kick the Can” with MSP Future Medical Regulations

June 14, 2021

Yet again, Medicare pushed back the unveiling of a notice of proposed rulemaking on regulations governing post-settlement medical care of Medicare beneficiaries. Last year, ECS briefed this issue in both July and December and at that time Medicare planned to release the proposed regulation in March 2021. March came and went without fanfare, and now Medicare and the Office of Management and Budget plan to introduce the notice in October 2021.

As mentioned before, this proposed rule would clarify existing MSP obligations associated with future medical items services on any bodily injury settlement. The notice indicates that “this rule would clarify that an individual or Medicare beneficiary must satisfy Medicare’s interest with respect to future medical items and services related to such settlements, judgments, awards, or other payments.” The regulatory notice has consistently indicated that Medicare’s interest in post-settlement payments must be “satisfied,” which is a concept that has not been previously articulated.  This continues to bear watching and ECS will provide further updates on any developments.

ExamWorks Compliance Solutions continuously monitors regulatory and legislative developments in the Medicare Secondary Payer space.  For further information or if you have any questions, contact Senior MSP Compliance Counsel and Policy Strategist Annie M. Davidson at 651-262-9618 or

Annie M. Davidson

Annie M. Davidson

Annie M. Davidson is the Vice President of Client Success for ECS. In her role, Annie works collaboratively with clients, industry partners, and leaders at all levels to identify and execute on short-term and long-term goals and consistently exceed expectations. Prior to joining ECS, Annie practiced as an insurance defense attorney in her native Minnesota where she litigated workers’ compensation and liability insurance cases, particularly those involving MSP issues. She is admitted to practice law in the State of Minnesota and the United States District Court for Minnesota, and is a graduate of William Mitchell College of Law. Annie can be reached at or at 651-262-9618.