By Jason D. Lazarus, J.D., LL.M., MSCC, CSSC
It appears Medicare is poised to begin the rulemaking process for Medicare Set Asides by issuing a notice for proposed rulemaking as early as September of this year. As most of you know (from my previous blog posts), last year they issued an Advanced Notice of Proposed Rulemaking. This was the first step in the regulatory process. They solicited commentary from the legal community and industry stakeholders. I was on AAJ’s committee that provided commentary. I also drafted commentary of my own on behalf for Synergy. I hope that CMS considers all of the commentary when crafting rules for set asides as if they don’t get this right, it could cause huge problems in the resolution of cases involving Medicare beneficiaries.