Get the Facts on Medicare Set Asides

medicare-facts

PLANNING CHECKLIST #5

by Rick Bishop
Principal, Settlement Planners

Medicare Set Aside requirements continue to be a source of speculation and anxiety among plaintiff attorneys across the country. We’re here to help you get the facts.

Although CMS currently has given limited guidance on MSAs for general liability settlements, the original act, the Medicare Secondary Payer of 1980 (MSP), requires all parties to “make a reasonable effort to protect the government’s interests.” Furthermore, under Section 111, there is now a reporting requirement of that settlement by the liable party (defendant/insurer).

The most important thing to keep in mind is that although Section 111 does not require liability MSAs, protecting Medicare’s interest under the MSP statute still applies. There are several options available to consider, one of which is a liability MSA. The entire issue of general liability MSAs is a gray area and the best solution is to create thorough documentation.

If you have any questions about Medicare Set Aside requirements, contact us. We’re here to help.

Call today, 800-727-3885.


The Settlement Checklist Series:

ITEM #1: THE LETTER OF ACKNOWLEDGEMENT

ITEM #2 THE FULL MARKET SURVEY

ITEM #3: HIPAA DISCLOSURE

ITEM #4: UNDISCLOSED AFFINITY ARRANGEMENTS

ITEM #5: GET THE FACTS ON MEDICARE SET ASIDES

ITEM #6: THE ADVANTAGES OF STRUCTURED ATTORNEY FEES

ITEM #7: BUSINESS AS USUAL… IS NO LONGER BUSINESS AS USUAL

ITEM #8: SOLVING THE SETTLEMENT MAZE

ITEM #9: Five Questions You Should Ask Before Consulting a Settlement Planner

ITEM #10: MSA Risk? Help is Here!