A consulting firm involved in helping companies comply with Centers for Medicare and Medicaid Services regulations believes that a CMS-proposed rule designed to implement a new insurance claims-settlement law may be unworkable.

A comment letter by officials of Allsup, Belleville, Ill., says the rule, which implements the so-called SMART Act, or the Strengthening Medicare and Repaying Taxpayers Act, will have a particularly negative impact on settling workers' compensation claims.

The letter also says the interim final rule (IFR) proposed by CMS will adversely affect a whole range of interested parties involved in settling claims where the ultimate beneficiary is a Medicare or Medicaid subscriber who must share some of the proceeds of the settlement with CMS. These include insurers, third-party administrators and self-insured employers.

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