Coalition Backing Bill to Improve Administration of Medicare with Workers’ Comp

February 16, 2024

A coalition representing a group of stakeholders voiced support of the introduction this week of the “Coordination of Medicare Payments and Workers’ Compensation Act” or the “COMP Act.”

The bi-partisan legislation introduced by Representatives Mike Carey (R-OH) and Mike Thompson (D-CA) seeks to clarify the law and payments to be made to workers’ comp claimants who are also Medicare eligible.

A legislative solution is necessary to clarify the set-aside process and to provide options for claimants, employers, and workers’ comp plans that are parties to workers’ comp settlements, according to the coalition.

The coalition said the proposal would:

  • Create certainty in determining the amounts to be included in set-asides.
  • Provide an appeals process for parties to CMS determinations.
  • Increase revenue to Medicare through optional direct payment of the total amount of the set-aside to be paid to Medicare.

The proposal will benefit injured workers, employers, insurers, and Medicare, while it creates a system of certainty and allows the settlement process to move forward while eliminating millions of dollars in administrative costs that harm workers, employers, insurers and CMS, according to the coalition.

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