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Wednesday, October 29, 2008

CMS Discusses Asbestos Claims MSP Reporting Requirements

CMS confirmed in a national telephone conference today that in workers' compensation claims where the toxic exposure, ie. asbestos exposure, ceased prior to December 5, 1980, reimbursement or reporting was not required. On the telephone conference call mandatory reporting requirements for liability insurance, no-fault and workers' compensation were discussed and questions solicited and from the participants..

The CMS position was validation of prior informal memorandum in circulation concerning asbestos exposures. The rationale for the opinion has been previously bean based upon the fact that the Medicare Secondary Payer Act was not enacted until that date.

The telephone conference call was scheduled by CMS in an effort to clear the air about its recent rules and suggestions concerning the implementation of the recent working requirements mandated by Congress. 42 U.S>C. 1395y(b)(7)).

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